Deborah N. Cooper v. HHS - Influenza, acute disseminated encephalomyelitis (2015)

Filed 2015-04-10Decided 2015-06-08Vaccine Influenza
compensated$256,722

Case summary [AI summaries can sometimes make mistakes]

On April 10, 2015, Deborah N. Cooper filed a petition under the National Vaccine Injury Compensation Program alleging that an influenza vaccine administered on September 26, 2012, caused her to develop acute disseminated encephalomyelitis (ADEM).

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Cooper's ADEM or any other injury.

Despite this denial, the parties filed a joint stipulation agreeing to an award of compensation. The stipulation provided for a lump sum payment of $237,500.00 to Ms.

Cooper for all damages. A separate stipulation addressed attorneys' fees and costs, resulting in an award of $19,222.35.

This amount was made payable jointly to Ms. Cooper and her counsel, Nancy Meyers of Ward Black Law.

Special Master Lisa Hamilton-Fieldman reviewed the stipulations, found them reasonable, and adopted them as the decision of the court. Judgment was entered in accordance with the terms of the stipulations.

The total compensation awarded to Ms. Cooper was $256,722.35 ($237,500.00 for damages plus $19,222.35 for fees and costs).

The decision does not describe the specific onset of symptoms, clinical course, diagnostic tests, treatments, or the medical experts consulted by either party. The theory of causation is not detailed in the public decision.

Theory of causation

Petitioner Deborah N. Cooper alleged that an influenza vaccine administered on September 26, 2012, caused her to develop acute disseminated encephalomyelitis (ADEM). Respondent denied causation. The parties filed a joint stipulation for compensation, agreeing to a lump sum award of $237,500.00 for damages and $19,222.35 for attorneys' fees and costs, totaling $256,722.35. Special Master Lisa Hamilton-Fieldman approved the stipulation and awarded compensation. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. The case was resolved via stipulation rather than litigation on the merits.

Source PDFs 2 total · 2 downloaded