Verda Lawellin v. HHS - Tdap, brachial neuritis and significantly aggravated her fibromyalgia (2015)
Case summary [AI summaries can sometimes make mistakes]
Verda Lawellin filed a petition for compensation on August 27, 2015, alleging that the Tdap vaccine she received on June 17, 2009, caused her to develop brachial neuritis and significantly aggravated her fibromyalgia. The case proceeded, and the parties eventually reached a stipulation of fact concerning final attorneys' fees and costs.
The decision on September 22, 2015, addressed the award of attorneys' fees and costs. Petitioner sought $53,500.00 in attorneys' fees and costs, plus $2,500.00 in out-of-pocket litigation expenses, for a total of $56,000.00.
Respondent did not object to this amount. The Court awarded the full $56,000.00, with $53,500.00 payable to petitioner and her attorney, Lisa A.
Roquemore, for fees and costs, and $2,500.00 payable to petitioner for her incurred expenses. The underlying decision awarding compensation for the injury was issued on December 19, 2013.
Special Master Christian J. Moran issued the decision on fees and costs.
Petitioner was represented by Lisa A. Roquemore, and respondent was represented by Lara A.
Englund. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the specific mechanism of causation.
Theory of causation
Petitioner Verda Lawellin alleged that the Tdap vaccine received on June 17, 2009, caused brachial neuritis and significantly aggravated her fibromyalgia. The case resulted in compensation based on a stipulation between the parties. The decision dated September 22, 2015, by Special Master Christian J. Moran, awarded attorneys' fees and costs totaling $56,000.00 ($53,500.00 for fees and costs to petitioner and counsel Lisa A. Roquemore, and $2,500.00 for petitioner's out-of-pocket expenses). Respondent, represented by Lara A. Englund, did not object to the fee award. The specific theory of causation, medical experts, or detailed clinical information regarding the alleged injury and its link to the vaccine were not detailed in this public decision concerning fees and costs, as the underlying entitlement decision was based on a stipulation.
Source PDFs
USCOURTS-cofc-1_12-vv-00333