Linda G. Kimbell v. HHS - Meningococcal, transverse myelitis (2014)

Linda G. Kimbell filed a petition on November 26, 2013, alleging that a meningococcal vaccine she received on July 19, 2011, caused her to develop transverse myelitis.

She further alleged that she experienced residual effects of this condition for more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms.

Kimbell's transverse myelitis or any other injury. Despite the denial, the parties reached a stipulation regarding compensation.

Special Master Christian J. Moran adopted this stipulation as the decision of the court.

Under the stipulation, Ms. Kimbell was awarded a lump sum of $50,000.00 as compensation for all damages.

Subsequently, on February 20, 2015, the parties filed a stipulation concerning attorneys' fees and costs. Petitioner's counsel, Susan Cremer of The Law Offices of Michael Lawson Neff, P.C., had initially submitted an application for fees and costs, to which the respondent had objections.

Following discussions, petitioner amended her application. The respondent did not object to the amended request for $26,500.00 in attorneys' fees and other litigation costs, and $750.00 in out-of-pocket litigation expenses incurred by Ms.

Kimbell. Special Master Moran approved these amounts, awarding $25,750.00 payable to both petitioner and her attorney, and $750.00 payable to petitioner.

The total compensation awarded to Ms. Kimbell, including fees and costs, was $77,250.00.

Judgment was entered accordingly.