Silvia G. Abdulrahman v. HHS - MMR, shoulder injury related to vaccine administration (SIRVA) (2014)
Case summary [AI summaries can sometimes make mistakes]
Silvia G. Abdulrahman filed a petition on November 3, 2014, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her Measles-Mumps-Rubella (MMR) vaccine received on June 19, 2009.
The respondent, the Secretary of Health and Human Services, denied that the MMR vaccine caused petitioner's alleged SIRVA or any other injury. Despite the respondent's denial, the parties reached a stipulation to resolve the case.
Special Master Laura D. Millman adopted the stipulation, awarding Silvia G.
Abdulrahman $36,000.00 in damages. This award represented reimbursement for all damages available under 42 U.S.C. § 300aa-15(a).
The award was to be paid as a check to the petitioner. Subsequently, on May 29, 2015, the parties filed a stipulation for attorneys' fees and costs.
Petitioner's counsel, Jessica W. Hayes, initially submitted an application for fees, which was amended after respondent raised objections to certain items.
The amended application for attorneys' fees and costs totaled $28,192.86, which the respondent did not object to. Special Master Millman found this amount to be reasonable and awarded it, to be paid as a check jointly to the petitioner and her law firm, Murray Law Firm.
The public decision does not describe the specific onset, symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Silvia G. Abdulrahman alleged that her June 19, 2009, Measles-Mumps-Rubella (MMR) vaccine caused a shoulder injury related to vaccine administration (SIRVA). The respondent denied causation. The parties reached a stipulation to resolve the case, and Special Master Laura D. Millman awarded $36,000.00 in damages based on this stipulation. The theory of causation was based on a stipulation, and the public decision does not detail specific medical evidence, expert testimony, or a mechanism of injury beyond the general category of SIRVA. Attorneys for the petitioner were Jessica W. Hayes, and for the respondent was Claudia B. Gangi. Attorneys' fees and costs of $28,192.86 were awarded jointly to the petitioner and Murray Law Firm.
Source PDFs
USCOURTS-cofc-1_12-vv-00391