Perry Cellana v. HHS - Influenza, autoimmune encephalitis and a seizure (2014)

Perry Cellana filed a petition on August 7, 2012, alleging that an influenza vaccination he received on October 7, 2009, a vaccine contained in the Vaccine Injury Table, caused him to suffer various neurological injuries including autoimmune encephalitis and a seizure, with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's autoimmune encephalitis, seizure, or any other injury.

Nonetheless, both parties agreed in a joint stipulation filed May 20, 2014 to settle the case. Special Master Moran found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $180,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Special Master Moran also awarded attorneys' fees of $21,946.86, payable jointly to petitioner and his counsel, Elizabeth Muldowney of Rawls, McNelis & Mitchell, plus $500.00 in personal costs payable to petitioner.