Patricia Egroff v. HHS - Influenza, brachial neuritis (2014)

Filed 2013-06-25Decided 2014-07-17Vaccine Influenza
compensated$60,000

Case summary [AI summaries can sometimes make mistakes]

Patricia Egroff filed a petition on June 25, 2013, alleging that an influenza (flu) vaccination she received on December 9, 2011 caused her to develop brachial neuritis. On November 21, 2013, respondent filed a Rule 4(c) Report conceding liability and recommending that petitioner receive compensation.

Respondent filed a proffer on compensation on April 30, 2014. However, both the original proffer and the resulting decision contained inadvertent errors, and the decision was withdrawn and judgment vacated on June 25, 2014.

Respondent filed an amended proffer on June 26, 2014, and Special Master Millman adopted it as the final decision of the Court. Petitioner received a lump sum of $60,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).

The parties subsequently agreed to attorneys' fees and costs of $12,200.00, payable jointly to petitioner and her counsel, Sadaka & Associates, LLC. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation

Flu Dec 9, 2011 → brachial neuritis. Respondent conceded liability (Rule 4(c) Report Nov 21, 2013). Original proffer Apr 30, 2014 had errors; vacated Jun 25, 2014. Amended proffer Jun 26, 2014; SM Millman. Comp $60,000. Fees $12,200 (Sadaka, Sadaka & Associates LLC, Englewood NJ).

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