Brandy Leathers v. HHS - Influenza, post injection neuralgia and Parsonage Turner Syndrome (2016)

Brandy Leathers filed a petition for compensation under the National Vaccine Injury Compensation Program on December 11, 2014, alleging that an influenza vaccination administered on November 21, 2013, caused her to suffer post-injection neuralgia and Parsonage Turner Syndrome. Ms.

Leathers further alleged that she experienced residual effects from these conditions for more than six months. The petition stated that she had filed no other action for this injury and had received no prior award or settlement for it.

The respondent, the Secretary of Health and Human Services, denied that the flu immunization caused Ms. Leathers' post-injection neuralgia and Parsonage Turner Syndrome, or any other injury or disability.

Despite the respondent's denial, the parties reached a settlement. On August 18, 2015, they filed a joint stipulation agreeing to settle the case.

As part of the stipulation, the respondent agreed to pay Ms. Leathers a lump sum of $45,000.00, payable to her, as compensation for all damages available under the Vaccine Act.

Chief Special Master Denise Kathryn Vowell adopted the parties' stipulation and awarded the compensation on August 19, 2015. Subsequently, on November 19, 2015, the parties filed a stipulation concerning attorneys' fees and costs.

They stipulated to an award of $13,223.40. Petitioner's counsel, Amber Wilson of Maglio Christopher and Toale, PA, represented that Ms.

Leathers incurred no out-of-pocket expenses. Chief Special Master Nora Beth Dorsey reviewed the stipulation and, finding the request reasonable and without objection from the respondent, granted the award for attorneys' fees and costs on March 23, 2016.

The award of $13,223.40 was to be paid as a lump sum in the form of a check jointly payable to Ms. Leathers and her counsel.