Kristin Lintz v. HHS - Tdap, seizure disorder, or a significant aggravation of a pre-existing seizure disorder (2015)

Filed 2014-08-28Decided 2015-08-19Vaccine Tdap
compensated$15,000

Case summary [AI summaries can sometimes make mistakes]

Kristin Lintz filed a petition for compensation under the National Vaccine Injury Compensation Program on August 28, 2014. Petitioner alleged that she suffered from a seizure disorder, or a significant aggravation of a pre-existing seizure disorder, caused by the Tetanus-Diphtheria-acellular Pertussis (Tdap) vaccination she received on September 1, 2012.

Petitioner also alleged that she experienced residual effects from her injuries for more than six months. The respondent denied that the petitioner's seizure condition, or any other condition, was caused or significantly aggravated by her Tdap vaccination.

The parties reached a settlement, and on July 28, 2015, they filed a joint stipulation agreeing to settle the case. As part of the settlement, the respondent agreed to pay petitioner a lump sum of $15,000.00, payable to Kristin Lintz, as compensation for all damages.

Special Master Thomas L. Gowen adopted the parties' stipulation and awarded compensation in the agreed-upon amount.

Separately, on July 30, 2015, the parties filed a stipulation concerning attorneys' fees and costs. The respondent did not object to the requested amount of $38,481.68 in attorneys' fees and costs.

Special Master Gowen found that the petition was brought in good faith and had a reasonable basis, making an award for fees and costs appropriate. On August 4, 2015, Special Master Gowen awarded a lump sum of $38,481.68, payable jointly to Kristin Lintz and her counsel, Carol L.

Gallagher, Esq., for petitioner's attorney fees and costs. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the medical expert witnesses involved in this case.

Theory of causation

Kristin Lintz filed a petition alleging a seizure disorder, or significant aggravation of a pre-existing seizure disorder, caused by a Tdap vaccination received on September 1, 2012. The respondent denied causation. The parties stipulated to settle the case, with the respondent agreeing to pay $15,000.00 for all damages. Petitioner's counsel was Carol Gallagher, Esq., and respondent's counsel was Debra A. Filteau Begley, Esq. Special Master Thomas L. Gowen issued a decision on the stipulation on August 19, 2015. A separate stipulation addressed attorneys' fees and costs, resulting in an award of $38,481.68, payable jointly to petitioner and counsel, awarded by Special Master Gowen on August 26, 2015. The public decision does not specify the theory of causation or any medical experts.

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