Sandra McCray v. HHS - Influenza, brachial neuritis, and/or complex regional pain syndrome, and/or carpal tunnel syndrome (2014)
Case summary [AI summaries can sometimes make mistakes]
Sandra McCray filed a petition on September 6, 2011, alleging that an influenza vaccination caused her to develop brachial neuritis (BN), and/or complex regional pain syndrome (CRPS), and/or carpal tunnel syndrome (CTS), with residual effects lasting more than six months. The parties initially filed a stipulation on February 27, 2014, and Chief Special Master Vowell issued a decision awarding $70,000 in compensation.
Judgment entered on April 1, 2014. However, on May 14, 2014, the parties filed a Motion for Relief from Judgment due to a mistake in the stipulation amount, accompanied by a corrected stipulation.
The prior decision was withdrawn and the judgment was vacated on May 29, 2014. On June 2, 2014, Chief Special Master Vowell issued a corrected decision based on the revised stipulation.
Respondent denied that petitioner's flu vaccination caused her BN, CRPS, CTS, or any other condition. Nonetheless, the parties agreed to settle, and the Special Master adopted the corrected stipulation as the decision of the Court.
Petitioner received a lump sum of $75,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On July 7, 2014, the parties filed a stipulation for attorneys' fees and costs.
Chief Special Master Vowell awarded $20,000.00, payable jointly to petitioner and her counsel, Irene McLafferty of Messa and Associates, P.C. Petitioner had not personally incurred any litigation costs.
Theory of causation
Flu vaccine → BN and/or CRPS and/or CTS. First stipulation Feb 27, 2014 ($70,000) vacated May 29, 2014 (mistake in amount). Revised stipulation June 2, 2014; respondent denied causation; Chief SM Vowell. $75,000 (corrected). Fees $20,000 (Vowell July 8, 2014).