Debbie Harris v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2014)

Debbie Harris filed a petition on October 29, 2013, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that a trivalent influenza vaccine she received on November 18, 2011, caused her to suffer a shoulder injury related to vaccine administration (SIRVA).

In her Rule 4(c) Report filed on January 23, 2014, the Respondent conceded that the petitioner's claim was compensable under the Act. The Division of Vaccine Injury Compensation (DVIC) had reviewed the facts and concluded that the petitioner's injury was consistent with SIRVA, satisfying the Althen requirements and proving causation-in-fact by a vaccination.

No other causes were identified, and the statutory six-month sequelae requirement was met. The Respondent indicated that once the petitioner established no prior award or settlement of civil damages, she would be entitled to compensation.

Special Master Brian H. Corcoran issued an order on January 24, 2014, indicating the case was ready for the damages phase.

On October 29, 2014, the Respondent filed a proffer recommending an award of compensation. Special Master Corcoran reviewed the file and found the proffer reasonable, adopting it as the decision of the Court.

The proffer awarded the petitioner a lump sum of $207,030.12. This amount represented the discounted present value of life care expenses ($69,717.83), pain and suffering ($135,000.00), and past unreimbursable expenses ($2,312.29), as provided under 42 U.S.C. § 300aa-15(a).

The Special Master found the petitioner entitled to compensation for an injury caused-in-fact by a covered vaccine. On March 5, 2015, the Petitioner filed a motion for attorney's fees and costs.

The parties subsequently filed a stipulation on March 23, 2015, agreeing to an award of $24,000.00 for attorney's fees and costs. Special Master Corcoran approved this amount, to be paid in a check jointly to Petitioner Debbie Harris and her counsel, Ronald Homer, Esq.

The decision was issued on March 23, 2015.