James T. Lawrence v. HHS - Influenza, Guillain-Barré syndrome (“GBS”) (2020)

On August 4, 2017, James T. Lawrence filed a petition for vaccine compensation, alleging that an influenza vaccine he received on December 16, 2015, caused him to develop Guillain-Barré syndrome (GBS) and suffer its residual effects for more than six months.

Mr. Lawrence also alleged that his death on September 25, 2019, was a result of this vaccination.

Teresa K. Fields, as executrix for Mr.

Lawrence's estate, was substituted as the petitioner and filed an amended petition adding the claim that his death was vaccine-related. The respondent denied that the influenza vaccine caused Mr.

Lawrence's GBS or his death. Despite the respondent's denial, the parties reached a joint stipulation.

Special Master Christian J. Moran adopted the stipulation as the decision of the Court.

The stipulation awarded compensation in the form of a lump sum of $255,000.00 for pain and suffering, payable to Teresa K. Fields as Executrix for the Estate of Mr.

Lawrence. Additionally, a lump sum of $61,838.11 was awarded to reimburse the Commonwealth of Kentucky Medicaid lien, payable jointly to petitioner and the Kentucky Medicaid Recovery Unit.

The total award was $316,838.11. The decision adopting the stipulation was issued on September 23, 2020.

Subsequently, the petitioner sought review of the Special Master's award of attorneys' fees and costs. Judge Matthew H.

Solomson reviewed the matter, noting that the Special Master had initially reduced the claimed attorneys' fees by thirty percent due to vague billing entries. After a remand for further reasoning, the Special Master awarded $88,861.75 in attorneys' fees and costs.

The petitioner filed a second motion for review, challenging this reduction. Judge Solomson denied the petitioner's motion for review, sustaining the Special Master's decision and finding that the Special Master had provided a detailed explanation for the fee calculation.

The court also denied the petitioner's request for attorneys' fees incurred in preparing the second motion for review.