Anthony Lawson v. HHS - Influenza, brachial plexopathy (2015)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Anthony Lawson filed a petition for compensation on October 14, 2015, alleging that he suffered from brachial plexopathy caused by his receipt of the influenza vaccine on January 4, 2014. He further alleged that he experienced the residual effects of this injury for more than six months.
Respondent denied that the flu vaccine caused petitioner to suffer brachial plexopathy or any other injury, and denied that the flu vaccine caused petitioner's current condition. Despite the denials, the parties agreed to resolve the matter through a stipulation.
Special Master Laura D. Millman adopted the stipulation, awarding Anthony Lawson $55,000.00 in compensation for all damages.
This award was to be in the form of a check made payable to the petitioner. A separate decision on October 16, 2015, addressed attorneys' fees and costs.
The parties filed a stipulation of fact agreeing on an appropriate amount. Petitioner asserted that he did not incur any costs.
Petitioner requested reimbursement for attorneys' fees and costs in the amount of $5,000.00, to which respondent did not object. Special Master Millman found this amount to be reasonable and awarded $5,000.00 for attorneys' fees and costs, to be paid by check jointly to petitioner and P.
Richard Talley & Associates. The total award for damages, fees, and costs was $60,000.00.
The case was resolved based on stipulations of fact and damages decisions.
Theory of causation
Petitioner alleged that the influenza vaccine administered on January 4, 2014, caused brachial plexopathy, with residual effects lasting more than six months. Respondent denied causation. The parties resolved the case via stipulation. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details supporting the petitioner's theory of causation or the respondent's denial. The Special Master adopted the stipulation, awarding $55,000.00 for damages and $5,000.00 for attorneys' fees and costs, totaling $60,000.00. Special Master Laura D. Millman issued the decisions on October 14, 2015 (damages) and October 16, 2015 (fees). Petitioner was represented by P. Richard Talley, and respondent was represented by Althea W. Davis.
Source PDFs
USCOURTS-cofc-1_14-vv-01191