Theresa A. Royal v. HHS - Influenza, lichenoid drug eruption (2014)

Filed 2014-04-10Decided 2014-11-17Vaccine Influenza
compensated$81,300

Case summary [AI summaries can sometimes make mistakes]

On April 10, 2014, Theresa A. Royal filed a petition alleging that she developed lichenoid drug eruption as a result of receiving an influenza vaccine on October 12, 2011, and that she suffered residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's condition or that she experienced residual effects for the alleged duration. The parties subsequently reached a stipulation to resolve the matter.

Special Master Laura D. Millman adopted the stipulation and awarded Theresa A.

Royal $81,300.00 in compensation for all damages. This award was to be paid via a check made payable to the petitioner.

On November 17, 2014, the parties filed a stipulation regarding attorneys' fees and costs. The petitioner asserted that she did not incur any costs.

Following discussions where the respondent raised objections to certain items in the petitioner's application, the petitioner amended her application to $39,000.00, which included fees and costs for her co-counsel, The Law Offices of Michael Lawson Neff, P.C. The respondent did not object to this amount.

Special Master Millman found the amount reasonable and awarded $39,000.00 for attorneys' fees and costs, payable by check jointly to the petitioner and her counsel, Shoemaker, Gentry & Knickelbein.

Theory of causation

Petitioner Theresa A. Royal alleged that an influenza vaccine administered on October 12, 2011, caused her to develop lichenoid drug eruption, with residual effects lasting more than six months. Respondent denied causation and duration of effects. The parties resolved the case via stipulation. The public decision does not detail the specific medical mechanism, expert testimony, or evidence presented regarding causation. Special Master Laura D. Millman awarded $81,300.00 for damages and $39,000.00 for attorneys' fees and costs, payable jointly to the petitioner and her counsel, Clifford J. Shoemaker of Shoemaker, Gentry & Knickelbein. The decision was based on a stipulation, not a finding of fact after litigation.

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