Etta B. McIntosh v. HHS - Influenza, transverse myelitis (2018)

Etta B. McIntosh filed a petition alleging that the influenza vaccine she received on October 28, 2013, caused her to develop transverse myelitis, a condition listed on the Vaccine Injury Table.

She claimed residual effects lasting more than six months. Respondent denied that the vaccine caused her injury.

The parties filed a joint stipulation resolving compensation, which was adopted by Special Master Christian J. Moran on August 11, 2017.

The stipulation awarded Etta B. McIntosh $1,596.68 to satisfy a Medicaid lien and $100,000.00 for all other damages, totaling $101,596.68.

Subsequently, petitioner's counsel filed a motion for attorneys' fees and costs. Special Master Moran awarded the full requested amount of $16,447.78, stating the respondent had waived objections.

The respondent filed a motion for review, arguing the Special Master abused his discretion by not independently assessing the reasonableness of the fees. The Court of Federal Claims agreed that the Special Master erred by not conducting an independent review and remanded the case for further review of the attorneys' fees and costs request, while also noting the government's failure to fully participate in the fee process.