Russell Green v. HHS - Influenza, transverse myelitis (2016)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Russell Green filed a petition on May 24, 2016, alleging that the influenza vaccine he received on September 9, 2014, caused him to suffer transverse myelitis, with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table.
Respondent denied that the vaccine caused the injury. The parties subsequently filed a joint stipulation agreeing to compensation.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Mr. Green was awarded a lump sum payment of $90,000.00 for all damages.
Petitioner was represented by Howard Scott Gold of the Gold Law Firm, and respondent was represented by Kathryn A. Robinette of the U.S.
Department of Justice. Subsequently, on November 8, 2016, petitioner filed an unopposed motion for attorneys' fees and costs.
Special Master Christian J. Moran granted this motion, awarding a total of $11,927.06, payable as a lump sum in the form of a check jointly payable to petitioner Russell Green and his counsel, Howard S.
Gold. This amount covered attorneys' fees of $11,208.50 and attorneys' costs of $718.56.
Theory of causation
Petitioner Russell Green received an influenza vaccine on September 9, 2014. He alleged that this vaccine caused him to suffer transverse myelitis, with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Special Master Christian J. Moran. Petitioner was awarded $90,000.00 for all damages. Petitioner's counsel was Howard Scott Gold, and respondent's counsel was Kathryn A. Robinette. Attorneys' fees and costs were subsequently awarded in the amount of $11,927.06, payable jointly to petitioner and his counsel.
Source PDFs
USCOURTS-cofc-1_16-vv-00612