Keith M. Abbott v. HHS - Influenza, neuromuscular symptoms and/or fibromyalgia (2015)

Keith M. Abbott filed a petition on August 30, 2011, alleging that an influenza vaccination he received on September 8, 2008 caused him to develop neuromuscular symptoms and/or fibromyalgia, with residual effects lasting more than six months.

On October 2, 2014, respondent filed a joint stipulation. Respondent denied that petitioner's neuromuscular symptoms, fibromyalgia, or any other condition was caused by his flu vaccination.

Nonetheless, the parties agreed to resolve the case through stipulation, and Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $250,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On April 10, 2015, the parties filed a stipulation for attorneys' fees and costs. Special Master Moran awarded $80,850.00, payable jointly to petitioner and his counsel, Ramon Rodriguez III, of Rawls, McNelis & Mitchell, P.C.

An additional $52.25 was awarded directly to petitioner for personal litigation expenses he had incurred.