Latasha George v. HHS - Influenza, SIRVA injury (2014)

Filed 2013-08-29Decided 2014-07-07Vaccine Influenza
compensated$1,036,839

Case summary [AI summaries can sometimes make mistakes]

Latasha George filed a petition on August 29, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged injuries resulting from a flu vaccine administered on September 9, 2010.

The respondent conceded that Ms. George was entitled to compensation for a Shoulder Injury Related to Vaccine Administration (SIRVA).

Special Master Lisa Hamilton-Fieldman issued a decision on March 24, 2014, adopting a proffer on the award of compensation. Ms.

George was awarded a lump sum payment of $1,036,839.63. This amount comprised compensation for lost future earnings ($593,700.00), past lost earnings ($124,582.91), pain and suffering ($167,412.72), past unreimbursable expenses ($86,845.00), and future medical expenses ($64,299.00).

All compensation was awarded under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Damon Louis Beard of Lake Charles, LA, and respondent was represented by Gordon Elliott Shemin of Washington, DC.

Subsequently, on June 13, 2014, the parties filed a stipulation concerning attorneys' fees and costs. Special Master Hamilton-Fieldman issued a decision on July 7, 2014, awarding a total of $47,500.00 for attorneys' fees and costs.

This amount was to be paid in a check made payable jointly to Petitioner and Petitioner's counsel, Damon L. Beard, Esq.

The petition was brought in good faith with a reasonable basis for the claim.

Theory of causation

Petitioner Latasha George received a flu vaccine on September 9, 2010, and subsequently developed a SIRVA injury. The respondent conceded entitlement to compensation for this SIRVA injury in their Rule 4 Report filed on November 25, 2013. Special Master Lisa Hamilton-Fieldman adopted a proffer on award of compensation, resulting in a total award of $1,036,839.63. This award included $593,700.00 for lost future earnings, $124,582.91 for past lost earnings, $167,412.72 for pain and suffering, $86,845.00 for past unreimbursable expenses, and $64,299.00 for future medical expenses. Attorneys' fees and costs were awarded separately in the amount of $47,500.00. Petitioner was represented by Damon Louis Beard and respondent by Gordon Elliott Shemin. The decision was issued on March 24, 2014, with a subsequent decision on fees on July 7, 2014.

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