L.C. v. HHS - Influenza, shoulder injury (2015)

On January 24, 2014, L.C. filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination administered on October 29, 2012, caused a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's alleged injury or any resulting disability.

Despite the respondent's denial, the parties reached a joint stipulation for damages. Special Master Lisa Hamilton-Fieldman adopted the stipulation, awarding L.C. a lump sum of $140,000.00 for all damages.

This award was issued on June 17, 2015, and a redacted version was made public on June 26, 2015. Subsequently, on June 26, 2015, the parties filed a stipulation for attorneys' fees and costs.

Special Master Hamilton-Fieldman found that the petition was brought in good faith with a reasonable basis and approved the agreed-upon award of $25,000.00 for attorneys' fees and costs, which was issued on June 29, 2015, and made public on July 6, 2015. The total compensation awarded to L.C. was $165,000.00, comprising the $140,000.00 in damages and $25,000.00 for attorneys' fees and costs.

Petitioner was represented by Andrew Downing of Van Cott and Talamante. Respondent was represented by Michael Milmoe of the United States Department of Justice.