James MacDougall Jr. v. HHS - Influenza, Transverse Myelitis (2014)

James MacDougall Jr. filed a petition on October 3, 2012, alleging that an influenza vaccination he received on October 14, 2009 caused him to develop Transverse Myelitis (TM), with residual effects lasting more than six months. Respondent denied that the flu vaccine caused petitioner's TM or any other injury, and denied that his current disabilities were sequelae of a vaccine-related injury.

Nonetheless, both parties agreed in a joint stipulation filed May 14, 2014 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $165,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). On September 10, 2014, the parties filed a stipulation of attorneys' fees and costs.

Special Master Gowen awarded $30,245.68 payable jointly to petitioner and his counsel, Ronald C. Homer of Conway, Homer & Chin-Caplan, P.C., plus $458.32 to petitioner for his personal litigation costs, for a total of $30,704.00.