Angela Chavez v. HHS - Influenza, other (2014)

Angela Chavez filed a petition on July 20, 2012, alleging that an influenza vaccination she received on September 25, 2009 caused her injury. Respondent filed a Rule 4 report on April 22, 2013 recommending denial of compensation.

On January 6, 2014, petitioner filed a motion for a decision on the record after unsuccessfully attempting to retain an expert. Respondent maintained her position.

Special Master Moran dismissed the claim for insufficient proof on March 13, 2014, and judgment was entered on April 16, 2014. The compensation amount and the nature of the alleged injury are not specified in the staging text, which contains only the fees decision.

Special Master Moran subsequently awarded $16,250.00 in attorneys' fees and costs to petitioner and her counsel, Firooz T. Namei of McKinney & Namei Company, L.P.A., finding that the petition had been brought in good faith and that a reasonable basis for the claim had existed, pursuant to 42 U.S.C. § 300aa-15(e)(1).

Petitioner had not incurred any out-of-pocket litigation costs.