Gretchen Brady Ebright v. HHS - Influenza, left shoulder injury (2014)

Gretchen Brady Ebright filed a petition on July 28, 2014, under the National Childhood Vaccine Injury Act, alleging a left shoulder injury resulting from an influenza vaccination received on November 8, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on November 19, 2014, conceding that Ms.

Ebright suffered from a shoulder injury related to vaccine administration (SIRVA) and recommended compensation. The parties subsequently entered into a stipulation for an award of compensation.

On December 3, 2014, Special Master Laura D. Millman issued a decision awarding a lump sum payment of $90,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a).

This award was to be paid via a check made payable to Ms. Ebright.

Petitioner was represented by James R. Moyles, and respondent was represented by Ann D.

Martin. On January 26, 2015, the parties filed a stipulation of fact regarding attorneys' fees and costs.

Petitioner's counsel, James R. Moyles, initially submitted an application for fees and costs, which respondent raised objections to.

Petitioner amended the application to $21,938.17, an amount to which respondent did not object. Special Master Millman issued a decision on January 26, 2015, awarding $21,938.17 for attorneys' fees and costs.

This award was to be paid via a check made payable jointly to Gretchen Brady Ebright and Moyles Law Firm.