K.R. v. HHS - Influenza, chronic urticaria (2015)

Filed 2014-07-31Decided 2015-10-22Vaccine Influenza
compensated$10,000

Case summary [AI summaries can sometimes make mistakes]

On July 31, 2014, Darren Rose and Heejin Jinny Rose, as parents and natural guardians of their minor child K.R., filed a petition under the National Vaccine Injury Compensation Program. They alleged that K.R. developed chronic urticaria as a result of receiving an influenza vaccine on August 11, 2011, and experienced residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccination caused K.R.'s condition. Despite this denial, the parties filed a joint stipulation on damages.

Special Master Thomas L. Gowen approved this stipulation, awarding K.R. $10,000.00 for all damages.

The decision was issued on April 30, 2015, with judgment entered on May 5, 2015. Subsequently, on September 14, 2015, the parties filed a stipulation regarding attorneys' fees and costs.

Petitioner requested a total of $14,813.14, which included $13,300.00 for attorneys' fees and costs and $1,513.14 for reimbursable out-of-pocket expenses. The respondent did not object to this amount.

Special Master Gowen granted this request in a decision issued on September 16, 2015, awarding $13,300.00 jointly to petitioners and their counsel, Mark T. Sadaka, and $1,513.14 jointly to petitioners Darren Rose and Heejin "Jinny" Rose for personal litigation costs.

On September 21, 2015, the parties filed a further stipulation concerning supplemental costs, indicating an additional $1,000.00 in reimbursable costs. Special Master Gowen granted this request in a decision issued on October 22, 2015, awarding an additional $1,000.00 jointly to petitioners Darren Rose and Heejin "Jinny" Rose for personal litigation costs.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received by K.R. The specific medical mechanism linking the influenza vaccine to chronic urticaria was not detailed in the public decision.

Theory of causation

Petitioners alleged that K.R., a minor, developed chronic urticaria as a result of receiving an influenza vaccine on August 11, 2011, and experienced residual effects for more than six months. Respondent denied causation. The parties stipulated to an award of $10,000.00 for all damages, and subsequently stipulated to attorneys' fees and costs totaling $14,813.14, plus an additional $1,000.00 in supplemental costs. Special Master Thomas L. Gowen approved the stipulations. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the chronic urticaria. The award was based on a joint stipulation rather than a finding of causation after litigation.

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