Elizabeth Johnson v. HHS - Td, long thoracic nerve palsy (2015)

Elizabeth Johnson filed a petition on July 11, 2013, alleging that a tetanus diphtheria (Td) vaccination she received on July 7, 2010, caused her to develop long thoracic nerve palsy. The respondent filed a Rule 4(c) report on November 20, 2013, concluding that petitioner suffered from a Table brachial neuritis and recommending compensation, stating there was no preponderance of evidence that the condition was due to unrelated factors.

A damages order was issued on November 21, 2013. On March 16, 2015, the respondent filed a Proffer on Award of Compensation.

Special Master Nora Beth Dorsey adopted this proffer as the decision of the Court. Petitioner was awarded a lump sum of $162,850.10, which represented life care expenses for Year 1 ($11,291.00), past unreimbursed medical expenses ($6,559.10), and pain and suffering ($145,000.00).

Additionally, an amount sufficient to purchase an annuity contract for future life care needs was awarded. The parties agreed that petitioner would be able to engage in gainful employment and was not entitled to future lost earnings.

The public decision does not describe the onset or specific symptoms of the long thoracic nerve palsy, nor does it name any medical experts for either party. Petitioner was represented by Ronald Homer of Conway, Homer & Chin-Caplan, PC, and respondent was represented by Claudia Barnes Gangi of the United States Department of Justice.

Subsequently, on October 14, 2015, petitioner filed a supplemental motion for attorneys' fees and costs. Special Master Mindy Michaels Roth issued a decision on November 24, 2015, awarding $41,806.39 in attorneys' fees and costs, payable jointly to petitioner and her counsel, Ronald Homer.

This amount included $31,805.00 for attorneys' fees, $9,651.39 for attorneys' costs, and $350.00 for petitioner's personal litigation costs.