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

Emily Thompson filed a petition on April 14, 2014, seeking compensation under the National Vaccine Injury Compensation Program. The petition alleged that an influenza vaccination caused her to develop a shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a Rule 4 report on May 28, 2014, determining that compensation was appropriate. On June 5, 2014, Special Master Lisa Hamilton-Fieldman issued a decision awarding damages based on a proffer agreed to by both parties.

Petitioner Emily Thompson was awarded a lump sum payment of $35,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). The public decision does not describe the specific date of vaccination, the onset of symptoms, specific clinical details, or any expert testimony.

Subsequently, on August 8, 2014, the parties filed a stipulation for attorneys' fees and costs. On August 11, 2014, Special Master Lisa Hamilton-Fieldman issued a decision awarding the requested fees and costs totaling $12,750.00.

This amount was to be paid in the form of a check made payable jointly to Petitioner Emily Thompson and her counsel, Michael G. McLaren.

The Special Master found that the petition was brought in good faith with a reasonable basis, making the award of fees and costs appropriate under 42 U.S.C. § 300aa-15(b) and (e)(1).