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. http://www.justice.gov/civil/vicp
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.
VIA FAX TRANSMISSION
Torts Branch, Civil Division
U.S. DEPARTMENT OF JUSTICE
P.O. Box 146
Washington, D.C. 20044-0146
Re: Xxxxxxxxxx v. HHS, U.S. Court of Federal Claims, Case No. XX-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