Joseph Zumbrun v. HHS - Influenza, impingement of the sensory distribution of the right axillary nerve, severe pain, and numbness (2019)

Joseph Zumbrun filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that he experienced vaccine-induced impingement of the sensory distribution of the right axillary nerve, severe pain, and numbness caused or aggravated by the Haemophilus Influenzae type B (Hib) vaccine he received on January 2, 2014. The petition was filed on December 22, 2016.

The case proceeded as an off-Table claim, requiring proof of causation-in-fact. On July 19, 2019, the court issued a decision awarding compensation to Mr.

Zumbrun based on a stipulation between the parties. Subsequently, on July 24, 2019, Mr.

Zumbrun filed a motion for attorneys' fees and costs, requesting $38,160.39 in fees and $10,028.14 in costs, for a total of $48,189.14. The respondent did not contest the reasonableness of the request and stated that the statutory requirements were met.

On October 11, 2019, the Chief Special Master granted the motion, awarding the full requested amount of $48,189.14 as a lump sum, jointly payable to Mr. Zumbrun and his counsel.