Wayne Turner v. HHS - Influenza, brachial plexopathy or brachial neuritis (2014)

Wayne Turner filed a petition on May 25, 2012, alleging that a trivalent influenza vaccine he received on October 27, 2010, caused him to develop brachial plexopathy or brachial neuritis, with residual effects lasting more than six months. Respondent denied that the influenza immunization caused petitioner's condition.

However, on April 1, 2014, the parties filed a joint stipulation to settle the case. Special Master Christian J.

Moran found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $47,500.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Petitioner was represented by Elizabeth Muldowney of Rawls, McNeils & Mitchell, P.C. Respondent was represented by Vincent Matanoski and later Justine Daigneault, both of the U.S.

Department of Justice. Subsequently, on July 24, 2014, respondent filed a stipulation concerning attorneys' fees and costs.

Petitioner sought $35,289.15 in attorneys' fees and costs, and $500.00 in personal costs. Respondent did not object to these amounts.

Special Master Moran awarded a lump sum of $35,289.15 payable jointly to petitioner and his counsel, Elizabeth M. Muldowney, for attorneys' fees and litigation costs.

Additionally, a lump sum of $500.00 was awarded, payable to petitioner, Wayne Turner, for personal costs incurred. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

The public decision does not name petitioner's counsel for the fees and costs portion, but it does name Elizabeth M. Muldowney as counsel for petitioner in the damages stipulation.