Marie Verdier v. HHS - Influenza, adhesive capsulitis, shoulder impingement, and tendinosis in her left shoulder (2014)

Marie Verdier filed a petition on March 10, 2014, alleging that she suffered adhesive capsulitis, shoulder impingement, and tendinosis in her left shoulder as a result of receiving an influenza vaccine on October 23, 2012. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 13, 2014, conceding that Ms.

Verdier suffered from a shoulder injury related to vaccine administration (SIRVA) and recommending compensation. On July 15, 2014, the respondent filed a Proffer on Award of Compensation.

Special Master Laura D. Millman reviewed the proffer and found its terms reasonable.

Based on the record, the Special Master awarded Ms. Verdier a lump sum payment of $104,059.49.

This amount represented $100,000.00 for actual and projected pain and suffering and $4,059.49 for past unreimbursable expenses related to her vaccine-related injury. The award was to be paid via check to the petitioner.

The decision noted that the parties stipulated to these amounts and that petitioner agreed she was not entitled to future medical care expenses or lost earnings. Separately, on July 25, 2014, the parties filed a stipulation of fact regarding attorneys' fees and costs.

Petitioner asserted no out-of-pocket expenses. After informal discussions where the respondent raised objections to certain items, petitioner amended her request to $17,711.02, which the respondent did not object to.

Special Master Millman found this amount reasonable and awarded $17,711.02 for attorneys' fees and costs, to be paid via check jointly to petitioner and Muller Brazil, L.L.P. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Petitioner was represented by Paul R. Brazil, and respondent was represented by Claudia B.

Gangi.