Frances Keske v. HHS - Influenza, arm pain (2015)
Case summary [AI summaries can sometimes make mistakes]
Frances Keske filed a petition for compensation on October 9, 2014, alleging that she suffered arm pain as a result of an influenza vaccination received on October 15, 2012. She claimed residual effects for more than six months.
The respondent denied that the flu vaccine caused her arm pain or any other injury. Despite the denial, the parties reached a settlement.
On July 29, 2015, Chief Special Master Denise Kathryn Vowell issued a decision awarding compensation based on a joint stipulation. The respondent agreed to pay petitioner a lump sum of $15,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Subsequently, on October 2, 2015, the parties filed a stipulation concerning attorneys' fees and costs. On November 16, 2015, Chief Special Master Nora Beth Dorsey issued a decision on this stipulation, agreeing to an award of $20,280.22.
This amount included $20,095.34 payable jointly to petitioner Frances Keske and her counsel, Anne Toale, and $184.88 payable solely to petitioner for out-of-pocket expenses. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
The public decision also does not name any medical experts or detail the specific mechanism of injury.
Theory of causation
Petitioner Frances Keske alleged that an influenza vaccination received on October 15, 2012, caused arm pain with residual effects lasting more than six months. The respondent denied causation. The parties reached a settlement, and compensation was awarded based on a joint stipulation. The initial award for damages was $15,000.00, paid as a lump sum to the petitioner. Subsequently, attorneys' fees and costs were stipulated and awarded in the amount of $20,280.22, comprising $20,095.34 jointly to petitioner and counsel Anne Toale, and $184.88 solely to petitioner for out-of-pocket expenses. The public decision does not specify the theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_14-vv-00971