Ruby J. Williams v. HHS - Influenza, neuropathic pain in her left shoulder and arm (2015)

Ruby J. Williams filed a petition on April 14, 2014, alleging that she suffered neuropathic pain in her left shoulder and arm as a result of receiving the trivalent influenza vaccine on October 28, 2011.

The respondent, the Secretary of Health and Human Services, reviewed the facts and concluded that the petitioner's alleged injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that she was entitled to compensation under the National Vaccine Injury Compensation Program. The respondent's Rule 4(c) Report stated that the Division of Vaccine Injury Compensation (DVIC) had reviewed the case and concluded that the petitioner was entitled to a vaccine award because her alleged injury was consistent with SIRVA, and that she had satisfied all other legal prerequisites for compensation.

Special Master Brian H. Corcoran, in a ruling on entitlement issued on July 15, 2014, found that the petitioner was entitled to compensation for an injury that was caused-in-fact by a covered vaccine, based on the respondent's concession and the court's review.

A separate order for damages was to follow. Subsequently, on August 3, 2015, Special Master Brian H.

Corcoran issued a decision on attorney's fees and costs. The parties had filed a joint stipulation regarding these fees and costs.

Petitioner's counsel, Elizabeth M. Muldowney of Rawls, McNelis & Mitchell, P.C., was to receive a lump sum of $28,500.00, payable jointly to the petitioner and her counsel.

Petitioner was to receive $500.00 in reimbursable costs, payable solely to her. The total award was $29,000.00.

The decision noted that the ruling would be posted on the court's website, with provisions for parties to request redaction of confidential information.