Victoria McWilliams v. HHS - Influenza, cellulitis (2015)

Victoria McWilliams filed a petition on August 23, 2013, alleging that an influenza ("flu") vaccination she received on October 24, 2011, caused her to develop cellulitis. The respondent, the Secretary of Health and Human Services, conceded that Ms.

McWilliams was entitled to compensation under the National Vaccine Injury Compensation Program. Special Master Lisa Hamilton-Fieldman issued a decision on November 14, 2014, awarding damages based on a joint stipulation filed by the parties.

The award included a lump sum payment of $692,091.67 and an amount sufficient to purchase an annuity contract for future life care expenses. The lump sum covered Year 1 life care expenses ($18,780.30), lost earnings ($493,737.90), pain and suffering ($167,644.07), and past unreimbursable expenses ($11,929.40).

The annuity was structured to provide payments for life care items, with specific growth rates applied to medical and non-medical items. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Petitioner was represented by Alfred V. Altopiedi of Alfred V.

Altopiedi, P.C., and respondent was represented by Gordon Shemin of the U.S. Department of Justice.

Subsequently, on February 24, 2015, Special Master Hamilton-Fieldman issued a decision approving a stipulation for attorneys' fees and costs. The parties agreed to an award of $60,000.00 for attorneys' fees and costs, to be paid jointly to Petitioner and her counsel, Alfred V.

Altopiedi. This award was made pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1), finding the petition was brought in good faith with a reasonable basis.