Walter Cairnes v. HHS - Influenza, brachial neuritis (2015)

Walter Cairnes filed a petition on September 4, 2012, alleging that trivalent influenza (flu) and tetanus (TDaP) vaccinations he received on August 31, 2011 caused him to suffer shoulder and cardiac injuries. Respondent's Rule 4(c) Report, filed February 11, 2013, conceded that the vaccinations caused brachial neuritis but denied that his cardiac injury was vaccine-related.

Mr. Cairnes died on September 21, 2013, from cardiac arrhythmia and cardiomegaly.

His spouse, Mandy G. Cairnes, was appointed personal representative of his estate and substituted as petitioner.

On November 24, 2014, respondent filed a proffer on award of compensation. Special Master Millman found the proffer reasonable and awarded a lump sum of $40,000.00, representing compensation for the conceded brachial neuritis injury under 42 U.S.C. § 300aa-15(a).

On March 3, 2015, the parties filed a stipulation of attorneys' fees and costs. Special Master Millman awarded $24,402.00 payable jointly to petitioner and Maglio, Christopher & Toale, P.A., plus $341.50 in petitioner's personal costs, for a total of $24,743.50.