Etta Newman v. HHS - Influenza, pain and loss of function in her right arm and shoulder (2014)

Etta Newman filed a petition on September 4, 2013, alleging that an influenza vaccine administered on September 7, 2011, caused her to suffer pain and loss of function in her right arm and shoulder. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report recommending that the petitioner be found entitled to compensation.

On December 3, 2013, Special Master Thomas L. Gowen issued a Ruling Finding Entitlement, consistent with the respondent's concession.

Subsequently, on May 12, 2014, the respondent filed a Proffer on Award of Compensation, stating that the petitioner agreed with the proffered award. Special Master Gowen adopted this proffer as the decision of the Court on May 13, 2014.

Petitioner Etta Newman was awarded a lump sum payment of $100,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). This award was to be paid by check to the petitioner.

The decision noted that the respondent would oppose any award for future pain and suffering should the petitioner die prior to entry of judgment, and both parties reserved the right to move the Court for appropriate relief in such an event. Later, on June 23, 2014, the parties filed a Stipulation of Facts Concerning Final Attorneys’ Fees and Costs.

Special Master Gowen issued a decision on July 16, 2014, approving the parties' stipulation for attorney's fees and costs. Petitioner was awarded $17,500.00 in attorney's fees and costs, to be paid by check jointly to Etta Newman and her counsel, J.

Michael Ranson of Ranson Law Offices, PLLC. Petitioner's counsel represented that the petitioner had not incurred any personal litigation costs.

The decision stated that in the absence of a motion for review, the clerk of the court would enter judgment in accordance with the terms of the parties' stipulation.