Jeanne Daniels v. HHS - Influenza, gastrointestinal problems and rheumatological symptoms (2015)
Case summary [AI summaries can sometimes make mistakes]
Jeanne Daniels filed a petition on March 26, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on January 15, 2013, she received influenza and Tdap vaccines, and subsequently suffered from an autoimmune response including gastrointestinal problems and rheumatological symptoms that lasted for more than six months.
The respondent denied that the vaccines caused the alleged injuries or that the current disabilities were sequelae of a vaccine-related injury. Despite maintaining their positions, both parties agreed to settle the case through a stipulation filed on March 25, 2015.
A separate stipulation regarding attorney's fees and costs was filed on March 12, 2015. Special Master Brian H.
Corcoran reviewed the stipulations and found them reasonable, adopting them as his decision. The decision awarded Jeanne Daniels a lump sum of $75,000.00 for all damages.
Additionally, a lump sum of $22,338.39 was awarded for attorney's fees and costs, payable jointly to Ms. Daniels and her attorney, Carol Gallagher.
The total compensation awarded was $97,338.39. The decision was issued on July 28, 2015.
Theory of causation
Petitioner Jeanne Daniels alleged that on January 15, 2013, she received influenza and Tdap vaccines, which caused an autoimmune response including gastrointestinal problems and rheumatological symptoms lasting more than six months. Respondent denied causation. The parties settled the case via stipulation. The Special Master adopted the stipulations, awarding $75,000.00 for damages and $22,338.39 for attorney's fees and costs, totaling $97,338.39. The public decision does not detail the specific mechanism of injury, expert testimony, or the clinical progression of symptoms. The attorneys involved were Carol Gallagher for the Petitioner and Lisa Watts for the Respondent. Special Master Brian H. Corcoran issued the decision on July 28, 2015.
Source PDFs
USCOURTS-cofc-1_14-vv-00461