Gail A. Clements v. HHS - Influenza, hemolytic anemia, leukostasis, and respiratory failure (2016)
Case summary [AI summaries can sometimes make mistakes]
Gail A. Clements, as Executor of the Estate of Ronald Clements, filed a petition on August 19, 2015, seeking compensation under the National Vaccine Injury Compensation Program.
Petitioner alleged that Ronald Clements received an influenza vaccine on October 27, 2013, which caused him to develop hemolytic anemia, leukostasis, and respiratory failure, ultimately leading to his death. Respondent denied that the flu vaccine caused these conditions or death.
However, both parties agreed to settle the case through a stipulation filed on August 7, 2015. The court reviewed the stipulation and found it reasonable, awarding Petitioner a lump sum of $200,000.00 for all damages.
Subsequently, on December 9, 2015, the parties filed another stipulation regarding attorney's fees and costs. Petitioner requested $22,975.58 for attorney's fees and costs, and $4,500 for out-of-pocket litigation expenses.
The court approved these amounts as reasonable, directing payment to Petitioner and her counsel. The final decision awarding attorney's fees and costs was issued on March 7, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-00083