Stacey G. Williams v. HHS - Influenza, transverse myelitis, multiple sclerosis, and debilitating neurological symptoms (2016)

Filed 2010-12-08Decided 2016-12-14Vaccine Influenza
compensated$195,000

Case summary [AI summaries can sometimes make mistakes]

Stacey G. Williams filed a petition on December 8, 2010, alleging that an influenza vaccination she received on December 10, 2007 caused her to develop transverse myelitis, multiple sclerosis, and debilitating neurological symptoms.

Alternatively, petitioner alleged that her underlying condition was significantly aggravated by the vaccine. On April 26, 2016, the parties filed a joint stipulation.

Respondent denied that the influenza vaccine caused or significantly aggravated petitioner's transverse myelitis, multiple sclerosis, neurological symptoms, or any other injury or her current condition. 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 $195,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On October 26, 2016, petitioner filed an application for attorneys' fees and costs of $63,956.08 ($51,435.80 in fees and $12,520.28 in costs).

Respondent did not object to the overall amount as unreasonable. Special Master Gowen awarded $63,956.08, applying McCulloch rates to counsel Ramon Rodriguez, a board-certified primary care physician who began practicing law in 2002 and joined the Vaccine Program in 2007.

The award was payable jointly to petitioner and Mr. Rodriguez.

Petitioner had not personally incurred any fees or costs.

Theory of causation

Flu vaccine Dec 10, 2007 → TM, MS, neurological symptoms (alternatively, significant aggravation). Joint stipulation April 26, 2016; respondent denied causation/aggravation; SM Gowen. $195,000. Fees $63,956.08 (McCulloch rates; SM Nov 3, 2016). All DB fields correct.

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