Rebecca Russell v. HHS - Influenza, transverse myelitis (2015)

Rebecca Russell filed a petition on August 1, 2014, alleging that she developed transverse myelitis as a result of receiving an influenza vaccine on September 28, 2012. She further alleged that she experienced residual effects of her injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused her condition. Despite this denial, the parties reached a joint stipulation for damages.

On October 22, 2015, Special Master Thomas L. Gowen issued a decision approving the stipulation and awarding compensation.

The parties agreed to a lump sum payment of $85,000.00 to Rebecca Russell, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Anne C.

Toale of Maglio, Christopher, and Toale. Respondent was represented by Althea W.

Davis of the United States Department of Justice. A subsequent decision on November 23, 2015, addressed attorneys' fees and costs.

The parties filed a stipulation of fact concerning attorneys' fees and costs on October 30, 2015. Petitioner requested a total award of $16,403.00 for attorneys' fees and costs, and the respondent did not object.

Special Master Gowen granted this request, awarding a lump sum of $16,403.00 payable jointly to Rebecca Russell and her counsel, Anne C. Toale, for attorneys' fees and costs.

The case was resolved through these stipulations and awards.