Shana Scales v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) and rheumatoid arthritis (RA) (2014)

Filed 2013-07-23Decided 2014-09-15Vaccine Influenza
compensated$159,315

Case summary [AI summaries can sometimes make mistakes]

Shana Scales filed a petition on July 23, 2013, alleging that an influenza (flu) vaccination she received on October 21, 2010 caused her to develop a shoulder injury related to vaccine administration (SIRVA) and rheumatoid arthritis (RA). Respondent denied that the flu vaccine caused petitioner's alleged SIRVA, RA, or any other injury.

Nonetheless, both parties agreed to a joint stipulation filed May 23, 2014 to settle the case. Special Master Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Petitioner received a lump sum of $159,315.95, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The parties subsequently agreed to attorneys' fees and costs of $12,793.56, payable jointly to petitioner and her counsel, Ronald C.

Homer of Conway, Homer & Chin-Caplan, P.C. Petitioner had not personally incurred any out-of-pocket litigation expenses.

Theory of causation

Flu Oct 21, 2010 → SIRVA + rheumatoid arthritis (RA). Joint stipulation May 23, 2014; SM Dorsey. Comp $159,315.95. Fees $12,793.56 (Homer, Conway Homer & Chin-Caplan PC, Boston MA).

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