L.M. v. HHS - Influenza, periodic fevers with aphthous stomatitis, pharyngitis, and adenitis (2016)

Filed 2015-12-28Decided 2016-01-19Vaccine Influenza
dismissed

Case summary [AI summaries can sometimes make mistakes]

On June 8, 2015, Cameron and Laura Moore, on behalf of their minor child L.M., filed a petition under the National Vaccine Injury Compensation Program. They alleged that L.M. suffered from periodic fevers with aphthous stomatitis, pharyngitis, and adenitis after receiving a trivalent influenza vaccination on March 1, 2013.

The petition was filed on December 28, 2015. However, on August 20, 2015, the petitioners filed a notice of voluntary dismissal.

The Special Master issued an order concluding the proceedings on August 25, 2015. Subsequently, on December 28, 2015, the parties filed a joint stipulation regarding attorneys' fees and costs.

Petitioners requested a total award of $5,735.00 for attorneys' fees and $400.00 for costs. The respondent did not object to this request.

Special Master Thomas L. Gowen granted the stipulation, ordering that an award be made in the form of a check jointly payable to petitioners and their attorney, Jaime T.

Halscott of Halscott Megaro, PA, for $5,735.00, and a check payable to petitioners only for $400.00. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or the specific mechanism of causation.

The attorneys for the petitioner were Jaime T. Halscott, and the attorney for the respondent was Justine Walters.

Theory of causation

The public text does not describe a theory of causation. The petition alleged that L.M. suffered from periodic fevers with aphthous stomatitis, pharyngitis, and adenitis after receiving a trivalent influenza vaccination on March 1, 2013. The case was voluntarily dismissed by the petitioners on August 20, 2015, and proceedings were concluded on August 25, 2015. A subsequent stipulation on attorneys' fees and costs was filed on December 28, 2015, and approved by Special Master Thomas L. Gowen. The public decision does not name any medical experts or detail the specific mechanism of injury. The award granted was for attorneys' fees and costs totaling $6,135.00 ($5,735.00 for fees and $400.00 for costs).

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