Patricia Huhmann v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Patricia Huhmann filed a petition on November 13, 2013, alleging that an influenza vaccine administered in her left arm on November 16, 2010, caused her to develop pain in her left shoulder. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and had lasted for more than six months.
The respondent further stated that Ms. Huhmann had satisfied all legal prerequisites for compensation under the National Childhood Vaccine Injury Act.
Special Master Christian J. Moran reviewed the record and issued a ruling on May 13, 2014, finding that Ms.
Huhmann was entitled to compensation. A status conference was scheduled to discuss the quantification of damages.
Subsequently, on January 21, 2015, the respondent filed a stipulation of fact concerning final attorneys' fees and costs. Petitioner had initially submitted a draft application for fees and costs, to which the respondent raised objections.
Following discussions, the petitioner amended her application to request $20,344.31, an amount to which the respondent did not object. Special Master Moran issued a decision on February 18, 2015, awarding this amount in attorneys' fees and costs.
The award was a lump sum of $20,344.31, payable by check to both Ms. Huhmann and her attorney, Kathy A.
Lee. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or the mechanism of injury.
Petitioner was represented by Kathy A. Lee of Cline, Farrell, et al., and respondent was represented by Claudia B.
Gangi of the United States Department of Justice.
Theory of causation
Petitioner Patricia Huhmann alleged that an influenza vaccine received on November 16, 2010, in her left arm caused a shoulder injury related to vaccine administration (SIRVA) in her left shoulder, which lasted more than six months. Respondent conceded that the injury was consistent with SIRVA and that petitioner met the legal prerequisites for compensation. Special Master Christian J. Moran issued a ruling on May 13, 2014, finding entitlement. A damages decision based on respondent's proffer was issued on August 29, 2014, but the compensation amount is not available from the public record. Attorneys' fees and costs of $20,344.31 were awarded on February 18, 2015, based on a stipulation between the parties. Petitioner was represented by Kathy A. Lee, and respondent by Claudia B. Gangi. The public record does not detail the specific medical mechanism of injury or provide expert testimony.