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

Merle Kaplan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a trivalent influenza vaccine she received on October 24, 2012. The respondent, the Secretary of Health and Human Services, conceded that Kaplan was entitled to compensation.

The respondent's report stated that the injury was consistent with SIRVA and was caused in fact by the flu vaccine. The respondent also agreed that the statutory six-month sequel requirement had been satisfied based on Kaplan's medical records.

The Special Master found entitlement to compensation based on an injury caused by a covered vaccine, and a separate damages order was to issue. Subsequently, the parties filed a stipulation for attorney fees and costs.

The respondent did not object to the amended amount of $10,303.71 requested by Kaplan. The Special Master found that the petition was brought in good faith and had a reasonable basis, making the award for fees and costs appropriate.

The total amount of $10,303.71 was awarded for attorney fees and costs, payable jointly to Kaplan and her counsel.