Lisa Kelley v. HHS - Influenza, Transverse Myelitis (2014)

Lisa Kelley filed a petition on February 12, 2013, alleging that an influenza (flu) vaccination she received on October 11, 2011 caused her to develop Transverse Myelitis (TM) and that she experienced the residual effects of this injury for more than six months. Respondent denied that petitioner's TM was caused by her influenza vaccination and denied that the vaccine caused any other injury or her current condition.

Nonetheless, both parties agreed to a stipulation filed October 30, 2014 to settle the case. Special Master Corcoran found the stipulation reasonable and adopted it as the decision of the Court.

In the same decision, Special Master Corcoran awarded both compensation and attorneys' fees. Petitioner received a lump sum of $10,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Attorneys' fees and costs of $21,500.00 were awarded under 42 U.S.C. § 300aa-15(e), payable jointly to petitioner and her counsel, Danielle Strait of Maglio, Christopher and Toale. Petitioner had not personally incurred any out-of-pocket litigation expenses.