Abigail Shifflett v. HHS - Influenza, mononeuropathy of the 6th cranial nerve and esotropia (2015)

On October 30, 2009, Michael T. and Jillian A. Shifflett, as parents and natural guardians of Abigail Shifflett, a minor, filed a petition for compensation.

They alleged that the Trivalent influenza vaccine administered to Abigail on November 9, 2006, caused her to suffer mononeuropathy of the 6th cranial nerve and esotropia. Petitioners stated that there had been no prior award or settlement of a civil action for damages on Abigail’s behalf as a result of her alleged vaccine injury.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Abigail’s alleged mononeuropathy of the 6th cranial nerve and esotropia or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury. Despite the denial, the parties reached a joint stipulation for compensation, which was filed on April 25, 2014.

Special Master Christian J. Moran found the stipulation reasonable and adopted it as the decision of the Court.

The stipulation awarded a lump sum of $175,000.00, payable to petitioners Michael T. and Jillian A. Shifflett as guardians/conservators of Abigail’s estate, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The decision was filed on April 30, 2014. Subsequently, on December 30, 2014, the respondent filed a stipulation of fact concerning final attorneys’ fees and costs.

Petitioners had initially submitted a draft application for attorneys’ fees and costs, to which the respondent raised objections. Following discussions, petitioners amended their application to request $60,000.00, an amount to which the respondent did not object.

Special Master Christian J. Moran awarded this amount on February 3, 2015.

The award included a lump sum of $57,313.20, payable to petitioners and their attorney, Ramon Rodriguez, for attorneys’ fees and other litigation costs, and a lump sum of $2,686.80, payable to petitioners Michael T. and Jillian A. Shifflett, for costs they incurred in pursuing their petition.

The total award for compensation, fees, and costs was $235,000.00 ($175,000 + $60,000). Ramon Rodriguez, III, of Rawls, McNelis & Mitchell, P.C., represented the petitioner, and Glenn A.

Macleod of the U.S. Department of Justice represented the respondent.

The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the medical experts consulted by either party. The mechanism of injury was not detailed in the public decision.