Selena Despotovic v. HHS - Influenza, chronic urticaria and angioedema (2020)

Filed 2019-11-15Decided 2020-01-10Vaccine Influenza
compensated$41,314

Case summary [AI summaries can sometimes make mistakes]

Selena Despotovic filed a petition on November 15, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she developed chronic urticaria and angioedema as a result of receiving influenza, Menactra, and Hepatitis A vaccinations on October 5, 2015.

The respondent, the Secretary of Health and Human Services, denied that the vaccines caused the petitioner's alleged injuries or that her current disabilities were a sequela of a vaccine-related injury. Despite maintaining these positions, both parties agreed to settle the case through a stipulation filed on November 13, 2019.

Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as the court's decision.

The stipulation awarded Selena Despotovic a lump sum of $1,314.85 to reimburse a lien for services provided by The Rawlings Company, payable jointly to Ms. Despotovic and The Rawlings Company.

Additionally, a lump sum of $40,000.00 was awarded, payable to Ms. Despotovic.

The total award amounted to $41,314.85, representing compensation for all damages available under the Vaccine Program. The court directed that judgment be entered accordingly.

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

Theory of causation

Petitioner Selena Despotovic alleged that chronic urticaria and angioedema resulted from influenza, Menactra, and Hepatitis A vaccinations received on October 5, 2015. Respondent denied causation. The parties stipulated to a settlement, and Special Master Katherine E. Oler adopted the stipulation as the decision. The stipulation awarded a total of $41,314.85, comprising $1,314.85 for reimbursement of a lien to The Rawlings Company and $40,000.00 payable to Petitioner. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Attorneys for Petitioner were Diana L. Stadelnikas of Maglio Christopher and Toale, PA, and for Respondent was Glenn A. MacLeod of the U.S. Dep’t of Justice. The decision was issued on January 10, 2020.

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