Ching-Ping Chih v. HHS - Influenza, subdeltoid bursitis (2014)

On December 12, 2013, Ching-Ping Chih filed a petition alleging that she suffered subdeltoid bursitis in her left shoulder secondary to an influenza vaccine received on September 20, 2012. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on April 4, 2014, conceding that Ms.

Chih suffered from a shoulder injury related to vaccine administration (SIRVA) and recommended compensation. On August 12, 2014, the respondent filed a Proffer on Award of Compensation.

The respondent proffered that Ms. Chih should be awarded $110,000.00 for her actual and projected pain and suffering.

The respondent also proffered that Ms. Chih was not entitled to an award for future medical care expenses, lost earnings, past unreimbursable expenses, or any outstanding Medicaid liens.

Special Master Laura D. Millman found the terms of the proffer to be reasonable and awarded Ms.

Chih a lump sum payment of $110,000.00 for all damages available under 42 U.S.C. § 300aa-15(a). The award was to be paid by check to Ms.

Chih. Separately, on August 21, 2014, the parties filed a stipulation of facts regarding attorneys' fees and costs.

Petitioner asserted she incurred no costs, but submitted a request for attorneys' fees and costs. After informal discussions where the respondent raised objections, the petitioner amended her application to $13,696.22, which the respondent did not object to.

Special Master Millman found this amount to be reasonable and awarded $13,696.22 for attorneys' fees and costs. This award was to be paid by check jointly to Ms.

Chih and Maglio, Christopher & Toale, P.A. The case was resolved through these stipulated awards.