Diane M. Zglenski v. HHS - Influenza, Cervical Transverse Myelitis (2015)

Diane M. Zglenski filed a petition on October 17, 2012, alleging that an influenza vaccine she received on October 13, 2009, a vaccine contained in the Vaccine Injury Table, caused her to develop Cervical Transverse Myelitis.

Respondent denied that the influenza vaccine caused petitioner to suffer from Cervical Transverse Myelitis or any other injury. Nonetheless, both parties agreed in a joint stipulation filed November 6, 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 $315,000.00, comprising $7,360.00 for first year life care expenses, $176,618.72 for lost earnings, $117,894.22 for pain and suffering, and $13,127.06 for past unreimbursable expenses, plus an annuity for future compensation, representing all damages available under 42 U.S.C. § 300aa-15(a).

On November 13, 2014, the parties filed a stipulation of attorneys' fees and costs. Special Master Moran awarded $146,726.86, payable jointly to petitioner and her counsel, Charles J.

Weiss of Timoney Knox, LLP. Petitioner had not personally incurred any out-of-pocket litigation expenses.