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Samples of Our Work Product -- Part 3

Posted by Dain Dreyer | Feb 10, 2016 | 0 Comments

When you choose Dreyer & Mazaheri as your law firm, you are choosing experienced lawyers who have handled cases in diverse areas of the law.  In particular, vaccine injury cases are highly specialized matters which can only be handled by attorneys who are licensed in the U.S. Court of Federal Claims.  Dain Dreyer is licensed in the U.S. Court of Federal Claims, and he is familiar with the National Vaccine Injury Compensation Program (NVICP) a/k/a the "vaccine court."  The NVICP establishes the legal framework through which a claimant must maneuver in order to seek compensation for most vaccine injuries.  

If you or a loved one has been injured by a vaccine, please give us a call at (210) 472-1400 to set up a free consultation wherein we can discuss your legal options.  The letter below was submitted during the negotiation process of a vaccine case we handled on behalf of a young lady from Austin, who suffered debilitating injuries which were the result of a flu shot.  In particular, a flu shot caused our client to lose consciousness approximately 15-20 minutes after driving away from her doctor's office, which in turn led to a catastrophic traffic accident and debilitating injuries. 


Xx Xxxxxxx
Torts Branch, Civil Division
P.O. Box 146
Washington, D.C. 20044-0146

Re: Xxxxxxxxxx v. HHS, U.S. Court of Federal Claims, Case No. XX-xxxxx

Dear Xxxxx:

Thank you for the communication of your client's offer of settlement, and for your patience while Xxxx has reviewed and considered the offer. As you can understand, Xxxx has found it difficult to accept the fact that not only is the value of her unconscionable pain and suffering legislatively capped at the seemingly arbitrary amount of $xxxxxx, but in addition her level of pain and suffering is not “severe enough” to warrant the recovery of said amount. Nevertheless, we concede that the law does not allow Xxxx a recovery of the maximum amount under the circumstances. On the other hand, the amount of $xxxxxx is woefully inadequate under the circumstances as well, and thus Xxxx has instructed me to decline your client's most recent offer.

In assessing the value of Xxxx's pain and suffering claim, we firmly believe that the following factors all devolve in favor of Xxxx and support a much more substantial award: (1) Xxxx's sensitivity to her pain and suffering, i.e., whether her sensitivity was impaired or numbed; (2) the degree of severity and actual suffering in connection with Xxxx's injuries; (3) Xxxx's ability to understand her injuries, i.e., whether Xxxx's mental faculties are intact; and (4) the potential number of years Xxxx will be subjected to her injuries. See Griffin v. United States, 500 F.2d 1059 (3d Cir. 1974); see also McAllister v. Secretary of HHS, No. 91-1037 at *3 (Cl. Ct. Spec. Mstr. March 26, 1993). Although we share in your client's desire to settle this claim amicably, Xxxx is fully prepared to testify before the Special Master regarding the nightmare she has endured. Her memories are vivid, if not chilling – and she has provided a handwritten, personal statement which gives us a glimpse into her hellish ordeal. Lest the details of her pain and suffering become lost in the shuffle of all the legal maneuvering in this case, Xxxx asked that I forward her statement on to you. Accordingly, I have enclosed herewith a copy of her handwritten statement for your review, and I submit that it speaks volumes as to the severity of her pain and suffering. Xxxx and I sincerely hope that you and your client will read the statement in full and give it careful consideration, as Xxxx's story will be the cornerstone of our presentation on the matter to the Special Master, if it becomes necessary.

With regard to the remaining components of your offer of settlement, Xxxx is satisfied that they are fair and just amounts, with one caveat. Upon further review of Xxxx's past medical expenses, we have discovered that our previous presentation of the claim failed to account for a charge attributable to Travis County Emergency Medical Services. Xxxx's medical insurance did not cover any portion of this charge, and the provider's bill in the amount of $xxx is enclosed herewith for your review.

In sum, we submit that your client's offer of $xxxxxx does not fairly and reasonably compensate Xxxx for her damages. Specifically, the $xxxxxx allocated to pain and suffering falls well short for the aforementioned reasons, and the amount allocated to past medical expenses does not include the aforementioned charge of $xxx. With hopes that we may fully and finally settle this matter, Xxxx has instructed me that she will accept an offer of settlement from your client which increases the pain and suffering allocation from $xxxxxx to $xxxxxx, and also accounts for the outstanding $xxx medical bill. Consequently, please be advised that Xxxx extends to your client a counter-offer in the amount of $xxxxxx.

Thank you for your continued courtesies in this matter, and I invite you to call upon me at (210) 472-1400, or [email protected], at any time with any questions or comments that you may have.


Dain A. Dreyer

About the Author

Dain Dreyer

Dain received his B.B.A. from Southern Methodist University and his law degree from St. Mary's University School of Law, where he earned the honor of serving as Senior Associate Editor of the St. Mary's Law Journal. Upon graduation, Dain was recruited to the San Antonio law firm of Martin, Drought & Torres where he gained experience representing both plaintiffs and defendants in a wide range of areas including business litigation, insurance coverage disputes, collections, and appellate law. Subsequently, he honed the main focus of his practice to the representation of individuals who had been severely injured by the negligence and carelessness of others – while still handling select cases in the areas of business litigation and insurance coverage disputes. Above all, he is motivated by a sense of fair play and justice, and seeks to even the score for his clients whether the wrongdoer is an individual, large corporation, or insurance company. Dain is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization. Board Certification is a distinction held by less than 7.5% of the approximately 97,000 lawyers licensed to practice law in the state. There are currently 21 areas of law within which an attorney may apply for board certification, and cover a broad spectrum from criminal law to real estate law. Fewer than 2% of all attorneys in Texas are Board­ Certified in personal injury trial law, as Dain is. Dain is an active member of Fellowship Bible Church, where he teaches a weekly Bible study every Sunday morning. He also enjoys tennis and weightlifting in his spare time, as well as spoiling his 2 Siberian cats, Rasputin and Anastasia.


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