April Michelle Justice v. HHS - Influenza, Chronic Inflammatory Demyelinating Neuropathy (CIPD) (2015)

Allen Hall, Personal Representative of the Estate of April Michelle Justice, filed a petition on October 15, 2012, alleging that April developed Chronic Inflammatory Demyelinating Neuropathy (CIPD) as a result of receiving an influenza (flu) vaccine on September 4, 2010, which eventually led to her death on May 27, 2014. Respondent denied that the flu vaccine caused April's CIPD or any other injury, and denied that her death was a sequela of a vaccine-related injury.

Nonetheless, the parties agreed to settle the case. On November 25, 2015, the parties filed a stipulation, and Chief Special Master Dorsey issued a decision adopting the stipulation on November 30, 2015.

Petitioner received a lump sum of $365,000.00 representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). In addition, respondent issued separate lump-sum payments of $380,148.94 and $247.26 to reimburse Tennessee Medicaid (TennCare) liens, jointly payable to petitioner for endorsement to the appropriate State agencies.

Chief Special Master Dorsey also awarded $99,088.09 in attorneys' fees and costs, payable jointly to petitioner and his counsel, James C. Wright of Butler, Vines & Babb, PLLC.