Kathryn Davis v. HHS - Influenza, myelitis (2015)

Kathryn Davis filed a petition on June 12, 2014, under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 16, 2013, caused her to develop myelitis. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's condition or disabilities.

Despite the respondent's denial, the parties reached a stipulation for damages. On May 15, 2015, Special Master Lisa Hamilton-Fieldman issued a decision approving a joint stipulation, awarding Petitioner $12,000.00 in compensation for all damages.

This amount represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). The decision noted that the parties agreed to this stipulation, and the Special Master found it reasonable.

On June 11, 2015, the parties filed a stipulation concerning attorneys' fees and costs. On July 6, 2015, Special Master Hamilton-Fieldman issued a second decision awarding Petitioner $17,500.00 for attorneys' fees and costs, to which the respondent did not object.

This award was made pursuant to 42 U.S.C. § 300aa-15(b) and (e)(1), finding the petition was brought in good faith with a reasonable basis. Petitioner's counsel, Andrew Downing of Van Cott & Talamante, PLLC, represented that Petitioner had not personally incurred expenses.

The award for fees and costs was made payable jointly to Petitioner and her counsel. The total compensation awarded to Petitioner was $29,500.00.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of causation. Petitioner was represented by Andrew Downing, and Respondent was represented by Althea Davis.