H.D.M. v. HHS - Influenza, transverse myelitis (2015)

Johnny and Anna Martin, as parents of H.D.M., filed a petition on February 19, 2014, alleging that the influenza vaccine administered to H.D.M. on November 9, 2010, caused him to develop transverse myelitis. The petition was filed under the National Vaccine Injury Compensation Program.

On December 31, 2014, the parties filed a Joint Stipulation of Dismissal, stating that petitioners had not submitted sufficient evidence to support their claim that H.D.M.'s injury was caused by vaccination. Consequently, an Order Concluding Proceedings was entered on January 5, 2015, dismissing the petition without prejudice.

On January 29, 2015, petitioners filed an application for attorneys' fees and costs. The parties subsequently filed a Stipulation of Facts Concerning Attorneys' Fees and Costs on February 9, 2015.

They stipulated to a total award of $12,291.81 for attorneys' fees and costs, payable jointly to petitioners and their attorney, Mark L. Krueger.

Additionally, petitioners personally incurred $400.00 in costs, for which a separate check payable to petitioners only was to be issued. Special Master Nora Beth Dorsey granted the request for attorneys' fees and costs, and judgment was to be entered accordingly, absent a motion for review.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The attorneys for the petitioners were Mark L.

Krueger and Krueger & Hernandez, S.C., and the attorney for the respondent was Claudia Barnes Gangi from the United States Department of Justice.