Terry Lee Estvold v. HHS - Influenza, significant aggravation of his post-herpetic neuralgia (2015)

Terry Lee Estvold filed a petition on May 28, 2013, alleging that an influenza (flu) vaccination he received on October 5, 2011 significantly aggravated his pre-existing post-herpetic neuralgia and that he experienced the residual effects of this aggravation for more than six months. Respondent denied that the flu vaccination significantly aggravated petitioner's post-herpetic neuralgia or caused any other condition.

Nonetheless, both parties agreed to a joint stipulation filed December 5, 2014 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court, issuing a single combined decision on both damages and attorneys' fees.

Petitioner received a lump sum of $25,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs of $19,539.73 were separately awarded jointly to petitioner and his counsel, Douglas Lee Burdette.

Petitioner had not personally incurred any out-of-pocket litigation expenses.