Martin D. Casper v. HHS - Influenza, Acute Disseminated Encephalomyelitis (ADEM) (2015)

Martin D. Casper filed a petition on March 10, 2014, alleging that an influenza vaccine he received on November 12, 2007, caused him to suffer Acute Disseminated Encephalomyelitis (ADEM) with residual effects lasting more than six months.

The respondent denied that the vaccine caused the alleged injury or that the petitioner's disabilities were a sequela of a vaccine-related injury. The parties reached a stipulation, which Special Master Christian J.

Moran adopted as the decision of the Court. Under the stipulation, Mr.

Casper was awarded a lump sum of $200,000.00 for all damages. Subsequently, Mr.

Casper filed a motion for attorneys' fees and costs. After the respondent raised objections to certain items and the petitioner amended the application, the parties agreed to a total of $46,616.66.

Special Master Moran awarded $44,169.00 in attorneys' fees and costs, payable to both petitioner and his counsel, Lisa A. Roquemore, and $2,447.66 in out-of-pocket litigation expenses, payable to Mr.

Casper. The total award amounted to $246,616.66.

The decision was issued on July 28, 2015, with the fees decision issued on August 17, 2015.