Keith Saunders v. HHS - Influenza, polymyalgia rheumatica (2016)

Filed 2015-03-06Decided 2016-03-24Vaccine Influenza
compensated$30,000

Case summary [AI summaries can sometimes make mistakes]

Keith Saunders filed a petition for compensation on March 6, 2015, alleging that the influenza vaccine he received on September 16, 2013, caused him to develop polymyalgia rheumatica (PMR). The respondent, the Secretary of Health and Human Services, denied that the vaccination caused Mr.

Saunders's PMR or any other injury. Despite the respondent's denial, the parties reached a joint stipulation for damages, which the Special Master adopted as the decision of the Court.

Mr. Saunders was awarded a lump sum payment of $30,000.00 to compensate for all damages.

Separately, the Special Master awarded $21,000.00 in attorneys' fees and costs. This award was split between two attorneys who represented Mr.

Saunders at different stages of the case: $8,000.00 was made payable to petitioner and his attorney Thomas P. Gallagher, and $13,000.00 was made payable to petitioner and his attorney Carol L.

Gallagher. The decision on damages and the award of attorneys' fees and costs were both issued on March 24, 2016.

The public decision does not describe the onset of symptoms, specific medical tests, or treatments. The specific mechanism of causation was not detailed in the public decision.

Theory of causation

Petitioner Keith Saunders alleged that the influenza vaccine administered on September 16, 2013, caused polymyalgia rheumatica (PMR). The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties reached a joint stipulation for damages, which was adopted by the Special Master. The award included a lump sum of $30,000.00 for all damages. Attorneys' fees and costs totaling $21,000.00 were awarded, split between Thomas P. Gallagher ($8,000.00) and Carol L. Gallagher ($13,000.00). Special Master Christian J. Moran issued the decisions on March 24, 2016. The public decision does not detail the specific medical mechanism or provide expert testimony regarding causation.

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