Vivian Morales Rivera v. HHS - Influenza, encephalomyelitis (2015)

Vivian Morales Rivera filed a petition on October 11, 2013, alleging that an influenza (flu) vaccination she received on October 21, 2010 caused her to develop encephalomyelitis and that she experienced the residual effects of this injury for more than six months. Respondent denied that the flu vaccine caused petitioner's encephalomyelitis or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed July 27, 2015 to settle the case. Special Master Gowen found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $900,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The Court also awarded attorneys' fees and costs of $26,046.50, payable jointly to petitioner and her counsel, Manuel Rivera of Manuel Rivera Esquire & Associates.

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