Audra Najera v. HHS - Influenza, partial transverse myelitis (2015)

Audra Najera filed a petition on January 14, 2015, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on October 9, 2012, she received an influenza vaccine and subsequently suffered from partial transverse myelitis, with residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused or aggravated the alleged injury. Despite these differing positions, the parties reached a joint stipulation for damages.

On April 15, 2015, Special Master Nora Beth Dorsey adopted the stipulation, awarding Audra Najera $100,000.00 in compensation for all damages. This amount was to be paid as a lump sum via check.

The stipulation specified that this compensation covered all damages available under 42 U.S.C. § 300aa-15(a). The parties also agreed to further proceedings for attorneys' fees and costs.

On August 19, 2015, the parties filed a stipulation for attorneys' fees and costs. On September 10, 2015, Special Master Nora Beth Dorsey approved a joint stipulation awarding $16,000.00 in attorneys' fees and costs.

This amount was to be paid as a check jointly payable to Audra Najera and her attorney, Alison H. Haskins of Maglio Christopher & Toale, PA.

Petitioner's counsel represented that Ms. Najera did not personally incur any costs.

The decision notes that the case involves an influenza vaccine and the alleged injury of transverse myelitis, which is listed on the Vaccine Injury Table. The public decision does not describe the specific onset of symptoms, medical tests, or treatments related to Ms.

Najera's condition.