Mary Ellen Potter v. HHS - tetanus, arm pain and lipomas (2015)

Filed 2015-01-26Decided 2015-06-10Vaccine tetanus
compensated$30,000

Case summary [AI summaries can sometimes make mistakes]

Mary Ellen Potter filed a petition on January 26, 2015, alleging that she suffered arm pain and lipomas caused by a tetanus vaccine she received on July 6, 2012. She further alleged that the residual effects of these injuries lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the tetanus vaccine caused Ms. Potter's alleged injuries.

The parties, represented by counsel Jeffrey S. Pop for the petitioner and Lindsay Corliss for the respondent, reached a stipulation to resolve the matter.

Special Master Laura D. Millman reviewed the stipulation and found its terms to be reasonable.

On January 26, 2015, the court adopted the stipulation and awarded Ms. Potter $30,000.00 in total compensation for all damages.

Subsequently, on June 10, 2015, the parties filed a separate stipulation regarding attorneys' fees and costs. Petitioner asserted that she incurred no costs.

Petitioner's counsel, Jeffrey S. Pop & Associates, submitted an application for attorneys' fees and costs, which was amended to $11,000.00 after respondent raised objections to certain items.

Respondent did not object to the revised amount. Special Master Millman found the $11,000.00 amount to be reasonable and awarded it as reimbursement for attorneys' fees and costs, payable jointly to Mary Ellen Potter and Jeffrey S.

Pop & Associates. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or the mechanism of causation.

Theory of causation

Petitioner Mary Ellen Potter alleged that a tetanus vaccine administered on July 6, 2012, caused arm pain and lipomas, with residual effects lasting over six months. Respondent denied causation. The parties reached a stipulation to resolve the case. The public decision does not detail the specific theory of causation, medical experts, or the mechanism by which the vaccine allegedly caused the injuries. The case was resolved via stipulation, with Special Master Laura D. Millman awarding $30,000.00 in damages and $11,000.00 for attorneys' fees and costs on January 26, 2015, and June 10, 2015, respectively. Petitioner was represented by Jeffrey S. Pop and respondent by Lindsay Corliss and later Christine M. Becer.

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