Jeffrey W Magera v. HHS - Influenza, brachial neuritis (2015)

Jeffrey W. Magera filed a petition on October 4, 2013, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 5, 2010, caused him to develop brachial neuritis.

The petition initially described symptoms including left upper extremity pain, weakness, wrist drop, muscle atrophy, and difficulty moving fingers and thumb. However, in a joint stipulation filed on March 20, 2015, the parties agreed that the petitioner alleged the flu vaccine caused him to develop brachial neuritis.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's brachial neuritis or any other injury. Despite this denial, both parties entered into a joint stipulation to settle the case.

Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Under the terms of the stipulation, Mr.

Magera was awarded a lump sum of $480,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). This award was to be paid via check to the petitioner.

Separately, attorneys' fees and costs totaling $13,000.00 were awarded, payable jointly to the petitioner and his counsel, Ramon Rodriguez, III of Rawls, McNelis and Mitchell, P.C. Additionally, out-of-pocket expenses of $500.00 were awarded, payable to the petitioner.

The decision notes that the parties filed a joint notice renouncing the right to seek review, expediting the entry of judgment. The public decision was issued on April 10, 2015, with a subsequent decision on October 2, 2015, addressing the fees and costs stipulation.