Graham Roberts v. HHS - Influenza, transverse myelitis (2014)

Graham Roberts filed a petition on October 3, 2012, alleging that an influenza (flu) vaccination he received on October 13, 2009 caused him to develop a neurological demyelinating injury. Petitioner later filed an amended petition on April 8, 2013, specifying that his vaccine-related injury was Transverse Myelitis (TM).

Respondent denied that the flu vaccine caused or significantly aggravated petitioner's TM or any other injury, and denied that petitioner experienced symptoms for more than six months. Nonetheless, both parties agreed in a stipulation filed April 7, 2014 to settle the case.

Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $77,176.41, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

On August 22, 2014, the parties filed a stipulation of attorneys' fees and costs. Special Master Dorsey awarded $26,505.39 payable jointly to petitioner and his counsel, Ronald Homer of Conway, Homer & Chin-Caplan, P.C., plus $350.00 to petitioner personally.