Linda Watkins v. HHS - Influenza, anaphylaxis or anaphylactic shock, injuries to her respiratory tract and esophagus, and brachial neuritis (2014)

Linda Watkins filed a petition on September 22, 2010, alleging that pneumococcal (Pneumovax), tetanus diphtheria (Td), and influenza vaccines she received on October 1, 2007 caused her to suffer anaphylaxis or anaphylactic shock, injuries to her respiratory tract and esophagus, and brachial neuritis, with her current disabilities alleged as sequelae. Special Master Gowen noted that the pneumococcal vaccine at issue was Pneumovax, a polysaccharide formulation that is not covered under the Vaccine Injury Table, and compensation could only be based on the Td or flu vaccine.

On August 25, 2014, the parties filed a joint stipulation. Respondent denied that the flu vaccine or the Td vaccine caused petitioner's alleged injuries.

Nevertheless, the parties agreed to resolve the case through stipulation, and Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $50,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On September 16, 2014, the parties filed a stipulation for attorneys' fees and costs, agreeing to a total award of $50,707.41, consisting of $26,250.00 in attorneys' fees and $24,457.41 in costs. Petitioner had not personally incurred any fees or costs.

Special Master Gowen awarded $50,707.41 payable jointly to petitioner and her counsel, Christopher T. Castro, of Galloway Jefcoat LLP.