Lydia Lizalde v. HHS - Influenza, Complex Regional Pain Syndrome (“CRPS”) and another, unspecified neurological injury to her arm (2025)
Case summary [AI summaries can sometimes make mistakes]
Lydia Lizalde filed a petition on July 8, 2021, alleging that she developed Complex Regional Pain Syndrome (CRPS) and an unspecified neurological injury to her arm as a result of an influenza vaccination received on September 21, 2018. Respondent filed a Rule 4(c) Report on February 13, 2024, contending entitlement should be denied.
The parties subsequently submitted additional medical records, expert reports, and medical literature. On December 31, 2024, Petitioner applied for interim attorneys' fees and costs totaling $47,048.21.
Respondent deferred to the Special Master regarding the award. The Special Master found that the proceedings were protracted, costly experts were retained, and Petitioner would suffer undue hardship without an award.
The Special Master also found the petition was filed in good faith and maintained a reasonable basis, supported by extensive medical records and expert reports. The Special Master awarded $45,504.21 in interim attorneys' fees and costs, after making adjustments for hourly rates and paralegal billing for administrative tasks.
The decision was issued on July 8, 2025.
Source PDFs
USCOURTS-cofc-1_21-vv-01791