Barbara Carroll v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)

Filed 2013-10-04Decided 2015-03-30Vaccine Influenza
compensated$127,086

Case summary [AI summaries can sometimes make mistakes]

Barbara Carroll filed a petition on October 4, 2013, alleging that an influenza vaccine administered on November 8, 2010, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The public decision does not describe the specific onset or symptoms of the SIRVA, nor does it detail any diagnostic tests or treatments undertaken.

The parties, represented by Ronald Homer of Conway, Homer & Chin-Caplan, P.C. for the petitioner and Jennifer Reynaud of the United States Department of Justice for the respondent, reached a joint stipulation on September 23, 2014. In this stipulation, they agreed that there was not a preponderance of the evidence demonstrating that Ms.

Carroll's SIRVA was due to a factor unrelated to her vaccination. Special Master Lisa Hamilton-Fieldman reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Petitioner was awarded a lump sum of $127,086.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Subsequently, on February 6, 2015, petitioner's counsel applied for attorneys' fees and costs.

The total requested amount was $13,649.86, comprising $12,734.50 in attorneys' fees, $282.44 in attorneys' costs, and $632.92 in costs incurred personally by the petitioner. Respondent's counsel indicated no objection to this amount.

Special Master Hamilton-Fieldman found the petition was brought in good faith with a reasonable basis, deeming the requested fees and costs appropriate. On March 30, 2015, the Special Master awarded $13,016.94 jointly to Petitioner and her counsel, Ronald Homer, and $632.92 solely to Petitioner.

The public decision does not name any medical experts or describe the specific mechanism of injury.

Theory of causation

Petitioner Barbara Carroll alleged that an influenza vaccine administered on November 8, 2010, caused a shoulder injury related to vaccine administration (SIRVA). The parties entered into a joint stipulation on September 23, 2014, agreeing that there was not a preponderance of the evidence that the SIRVA was due to a factor unrelated to the vaccination. Special Master Lisa Hamilton-Fieldman adopted this stipulation as the decision of the Court. Petitioner was awarded $127,086.00 in compensation. Attorneys' fees and costs totaling $13,649.86 were awarded separately on March 30, 2015, with $13,016.94 payable jointly to Petitioner and counsel Ronald Homer (Conway, Homer & Chin-Caplan, P.C.) and $632.92 payable to Petitioner. The public decision does not detail the specific mechanism of injury, medical experts, or diagnostic findings.

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