Diane M. James v. HHS - Influenza, myalgia, arthralgia, and/or fibromyalgia (2015)

Diane M. James filed a petition on September 30, 2011, alleging that a trivalent influenza vaccination she received on October 1, 2008 caused her to develop permanent myalgia, arthralgia, and/or fibromyalgia, with residual effects lasting more than six months.

In the alternative, petitioner alleged significant aggravation of a pre-existing condition. On September 23, 2014, the parties filed a joint stipulation.

Respondent denied that the flu vaccination caused petitioner's alleged myalgia, arthralgia, and/or fibromyalgia, or any other condition, whether through direct causation or significant aggravation. Nonetheless, the parties agreed to resolve the case through stipulation, and Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $90,000.00, 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 Dorsey awarded $68,000.00, payable jointly to petitioner and her counsel, Ramon Rodriguez III of Rawls, McNelis and Mitchell, P.C. Petitioner did not personally incur any costs in litigating this case.