Linda Waye v. HHS - Hepatitis B, shoulder injury related to vaccine administration (SIRVA) (2014)

Filed 2014-08-08Decided 2014-09-05Vaccine Hepatitis B
compensated$15,000

Case summary [AI summaries can sometimes make mistakes]

Linda Waye filed a petition on August 8, 2014, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving the Hepatitis B vaccine.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Petitioner's SIRVA or any related medical problems. Despite maintaining their respective positions, both parties agreed to settle the case through a stipulation filed on August 8, 2014.

Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case.

The stipulation awarded Linda Waye a lump sum of $15,000.00 as compensation for all damages. This amount was to be paid via check to the Petitioner.

On March 30, 2015, the parties filed a joint stipulation regarding attorney's fees and costs. They agreed that Petitioner's counsel should receive a lump sum of $31,500.00, payable jointly to Petitioner and her counsel.

This amount included Petitioner's out-of-pocket costs of $4,751.67. Special Master Brian H.

Corcoran approved this stipulation for attorney's fees and costs as reasonable and directed that judgment be entered accordingly. Petitioner was represented by Clifford J.

Shoemaker of Shoemaker and Associates, and Respondent was represented by Glenn A. MacLeod of the U.S.

Department of Justice.

Theory of causation

Petitioner Linda Waye alleged a shoulder injury related to vaccine administration (SIRVA) following a Hepatitis B vaccination. Respondent denied causation. The parties stipulated to a settlement, and Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $15,000 for all damages. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses related to the alleged injury. The theory of causation is based on the "Table" as indicated by the provided database fields, suggesting a potential alignment with vaccine injury table provisions, though the specific mechanism is not detailed in the public text. Petitioner's counsel was Clifford J. Shoemaker, and Respondent's counsel was Glenn A. MacLeod. Special Master Brian H. Corcoran issued the decision on September 5, 2014, with a subsequent decision on attorney's fees and costs on April 20, 2015, approving a total of $31,500.00 for fees and costs, including $4,751.67 in out-of-pocket expenses.

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