Jacqueline Carney v. HHS - Influenza, hearing loss, dizziness, and balance problems (2015)

Jacqueline Carney filed a petition on March 8, 2013, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on September 27, 2011, caused her to develop hearing loss, dizziness, and balance problems. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged injuries.

Despite the denial, both parties entered into a joint stipulation on December 15, 2014, to settle the case. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Petitioner was awarded a lump sum of $15,000.00, intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on January 22, 2015, the parties filed a stipulation regarding attorneys' fees and costs.

The parties agreed to an award of $19,100.00 for attorneys' fees and costs, payable jointly to Jacqueline Carney and her counsel, Danielle Strait of Maglio, Christopher & Toale, PA. Petitioner represented that she had not personally incurred any out-of-pocket litigation expenses.

Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis, making the award for fees and costs appropriate under 42 U.S.C. § 300aa-15(b) and (e)(1). The public decision does not describe the specific onset of symptoms, medical examinations, or treatments undertaken by the petitioner.