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

Filed 2014-04-14Decided 2014-06-05Vaccine Influenza
compensated$35,000

Case summary [AI summaries can sometimes make mistakes]

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).

Theory of causation

Petitioner Emily Thompson alleged that an influenza vaccination caused a shoulder injury related to vaccine administration (SIRVA). The case proceeded based on a stipulation and proffer agreed to by both parties. The respondent filed a Rule 4 report indicating compensation was appropriate. The Special Master Lisa Hamilton-Fieldman awarded $35,000.00 in lump sum for all elements of compensation under 42 U.S.C. § 300aa-15(a). The specific mechanism of injury, medical experts, or detailed clinical evidence were not described in the public decision. The theory of causation was implicitly accepted via the proffer and stipulation, leading to a compensated outcome. Attorneys' fees and costs of $12,750.00 were awarded separately on August 11, 2014, based on a finding of good faith and reasonable basis for the claim.

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