Audrey McElroy v. HHS - Influenza, urticarial vasculitis (2014)

Audrey McElroy filed a petition on October 14, 2011, alleging that an influenza vaccination she received on October 15, 2008 caused her to develop urticarial vasculitis. In April 2012, respondent filed a Rule 4(c) report stating that there was insufficient scientific evidence to support a causal relationship between the influenza vaccine and vasculitis, but that respondent would not expend further resources contesting entitlement.

The Chief Special Master issued a Ruling on Entitlement on April 13, 2012, finding that petitioner had provided sufficient evidence to support an award in her favor. On September 19, 2014, respondent filed a Proffer on Award of Compensation, to which petitioner agreed.

Special Master Dorsey awarded petitioner: a lump sum of $223,039.45, representing compensation for year-one life care expenses ($16,571.46), pain and suffering ($200,000.00), and past unreimbursable expenses ($6,467.99); a lump sum of $633.32 for satisfaction of the State of Georgia Medicaid lien, payable jointly to petitioner and the Georgia Department of Community Health; and an amount sufficient to purchase an annuity providing future life care expenses for years two and beyond, payable to petitioner for life. On November 12, 2014, the parties filed a stipulation for attorneys' fees and costs.

Special Master Dorsey awarded $59,000.00, payable jointly to petitioner and her counsel, Donald Philip Edwards of the Law Office of Donald P. Edwards.

Petitioner did not personally advance any reimbursable costs in pursuing this claim.