Gabrielle Inscho v. HHS - Influenza, transverse myelitis (2015)

On September 19, 2011, Frederick and Sherri Inscho, as legal representatives of their minor daughter Gabrielle Inscho, filed a petition for compensation. They alleged that Gabrielle received a flu mist vaccine on or about September 22, 2008, which caused her to develop transverse myelitis, a condition listed on the Vaccine Injury Table.

The petition further stated that Gabrielle experienced residual effects from the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that Gabrielle suffered transverse myelitis or any other injury as a result of the immunization.

Despite the respondent's denial, the parties reached a joint stipulation for compensation, which was filed on June 3, 2015. Special Master Christian J.

Moran found the stipulation reasonable and adopted it as the decision of the Court. The stipulation awarded a total of $972,127.02 in damages.

This amount included a lump sum of $829,128.65 for first-year life care expenses and trust seed funds, payable to Regions Bank as trustee. Another lump sum of $518,799.39 was awarded for partial lost future earnings and pain and suffering, payable to the petitioners as guardian(s)/conservator(s) of Gabrielle's estate, contingent upon documentation of their appointment.

A lump sum of $224,362.03 was awarded to reimburse a state lien for services rendered on behalf of Gabrielle, payable jointly to the petitioners and the Treasurer, State of Ohio. Additionally, an amount sufficient to purchase an annuity contract was awarded, payable to a qualified life insurance company.

The decision noted that the life insurance company must meet specific financial and rating requirements. On July 21, 2015, the parties filed a stipulation of fact concerning attorneys' fees and costs.

Petitioners had initially submitted a draft application for fees and costs, to which the respondent raised objections. Following discussions, petitioners amended their application to request $63,000.00, an amount to which the respondent did not object.

On September 10, 2015, Special Master Christian J. Moran awarded this amount of $63,000.00 in the form of a check payable to the petitioners and their attorney, Stephen P.

O’Keefe of The O’Keefe Firm, for attorneys' fees and other litigation costs.