Lynn Fry, as Personal Representative of Virginia Taylor, deceased v. HHS - Influenza, Transverse Myelitis (“TM”), Acute Disseminated Encephalomyelitis (“ADEM”), and death (2014)

Lynn Fry, as Personal Representative of Virginia Taylor, deceased, filed a petition on December 2, 2011, alleging that an influenza vaccination Virginia Taylor received on October 13, 2009 caused her to develop transverse myelitis (TM) and acute disseminated encephalomyelitis (ADEM), and that she subsequently died as a result. Respondent denied that the influenza vaccination caused Virginia Taylor's TM, ADEM, death, or any other injury.

Nonetheless, both parties agreed in a stipulation filed August 12, 2014 to settle the case. Special Master Hamilton-Fieldman found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $45,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a). On August 18, 2014, the parties filed a stipulation for attorneys' fees and costs, and Special Master Hamilton-Fieldman awarded $22,500.00, payable jointly to petitioner and her counsel, Anne C.

Toale of Maglio, Christopher & Toale, PA. Petitioner had not personally incurred any costs in pursuit of the claim.