Kelly Laffey v. HHS - Influenza, acute respiratory distress syndrome (2016)

Kelly Laffey filed a petition for vaccine compensation on June 20, 2014, alleging that an influenza vaccine she received on September 20, 2012, caused her to suffer acute respiratory distress syndrome (ARDS) and that she experienced residual effects for more than six months. The influenza vaccine is listed on the Vaccine Injury Table.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's ARDS or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite these denials, the parties reached a joint stipulation to settle the case.

Special Master Christian J. Moran reviewed and adopted the stipulation.

The decision, filed on May 18, 2016, awarded Kelly Laffey a lump sum of $25,000.00, payable by check to petitioner, as compensation for all damages. This award represents a compromise of the parties' respective positions on liability and/or damages.

The stipulation also noted that attorneys' fees and costs would be sought in further proceedings. Petitioner was represented by Lawrence J.

Disparti of Disparti Law Group, PA, and respondent was represented by Lisa A. Watts of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments.

The stipulation states that the case is not voidable if petitioner dies before judgment, and that the settlement is voidable at the discretion of either party if the Special Master or the Court fails to enter judgment in conformity with the stipulation. The stipulation is not an admission by the United States or the Secretary that the flu vaccine caused petitioner's ARDS or any other injury.