Michael McPherson v. HHS - Influenza, acute transverse myelitis and sequela (2014)
Case summary [AI summaries can sometimes make mistakes]
Michael McPherson filed a petition on December 21, 2011, seeking compensation under the National Childhood Vaccine Injury Act. He alleged that an influenza vaccination received on September 16, 2009, and/or a hepatitis B vaccination received on September 25, 2009, caused him to develop acute transverse myelitis and its sequela.
The respondent is the Secretary of Health and Human Services. A decision on January 10, 2014, indicated that the petitioner received compensation based on a stipulation between the parties.
The specific details of this compensation award are not available in the provided public text. Following the compensation decision, a stipulation for attorneys' fees and costs was filed on July 17, 2014.
Petitioner's counsel, Michael Andrew London of Douglas & London, P.C., submitted an application requesting $12,364.18 for attorneys' fees and costs. The respondent found this application to be reasonable and did not object to the amount.
Petitioner stated that he did not personally incur any out-of-pocket litigation expenses. On August 28, 2014, Special Master Christian J.
Moran issued a decision awarding $12,364.18 in attorneys' fees and costs, payable jointly to Michael McPherson and his counsel, Michael Andrew London. This award was made under 42 U.S.C. § 300aa-15(e)(1).
The public decision does not describe the specific clinical onset, symptoms, diagnostic tests, treatments, or the medical experts consulted. The decision notes that it is unpublished and subject to potential redaction of medical information.
Theory of causation
Petitioner Michael McPherson alleged that an influenza vaccine administered on September 16, 2009, and/or a hepatitis B vaccine administered on September 25, 2009, caused him to develop acute transverse myelitis and sequela. The case resulted in a compensation decision on January 10, 2014, based on a stipulation, with the compensation amount not detailed in the public record. Subsequently, on August 28, 2014, Special Master Christian J. Moran awarded $12,364.18 in attorneys' fees and costs to petitioner and his counsel, Michael Andrew London of Douglas & London PC, under 42 U.S.C. § 300aa-15(e)(1), as the parties stipulated to the reasonableness of the fees and costs and the respondent did not object. The public text does not specify the theory of causation, medical experts, or the mechanism of injury.
Source PDFs
USCOURTS-cofc-1_11-vv-00892