Duka Baumgartner v. HHS - Influenza, dyshidrosis (2017)

Duka Baumgartner filed a petition on September 3, 2015, alleging that the influenza vaccine she received on October 9, 2012, caused her to develop dyshidrosis. Initially, Ms.

Baumgartner also alleged neurological injuries, but on December 20, 2016, she withdrew these claims to proceed solely on her dermatological claim for dyshidrosis. She asserted that the condition resulted in residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms. Baumgartner's alleged injury.

Despite the respondent's denial, the parties reached a joint stipulation to resolve the case. Special Master Christian J.

Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Ms.

Baumgartner a lump sum payment of $17,500.00, payable by check to the petitioner. This amount was intended to compensate for all damages available under the National Vaccine Injury Compensation Program.

The decision directed that judgment be entered according to the stipulation and the decision, unless a motion for review was filed. Petitioner counsel was Andrew M.

Krueger of Krueger & Hernandez SC, and respondent counsel was Adriana R. Teitel of the United States Department of Justice.

The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.