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

Filed 2014-10-24Decided 2014-10-24Vaccine Influenza
compensated$89,390

Case summary [AI summaries can sometimes make mistakes]

Jennifer Pryde filed a petition on April 14, 2014, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on August 22, 2013. The respondent, the Secretary of Health and Human Services, orally conceded on September 11, 2014, that Ms.

Pryde suffered from a SIRVA. The parties subsequently reached a proffer agreement for compensation.

Respondent proffered that Ms. Pryde should be awarded $75,000.00 for all elements of compensation and $14,390.49 for attorneys' fees and costs.

Petitioner's counsel, Paul R. Brazil, asserted that Ms.

Pryde incurred no out-of-pocket expenses. Special Master Laura D.

Millman reviewed the proffer and found its terms to be reasonable. The Special Master awarded a total of $89,390.49, consisting of a lump sum of $75,000.00 payable to Ms.

Pryde and a lump sum of $14,390.49 payable jointly to Ms. Pryde and her attorneys, Muller Brazil, L.L.P.

The decision was issued on October 24, 2014. Ms.

Pryde is a competent adult, and no guardianship was required. The respondent was represented by Michael P.

Milmoe.

Theory of causation

Petitioner Jennifer Pryde alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on August 22, 2013. The respondent conceded the SIRVA injury. The parties entered into a proffer agreement, and the Special Master found the terms reasonable. The case was compensated under the "Table" theory, as indicated by the respondent's concession of SIRVA. The award included $75,000.00 for compensation and $14,390.49 for attorneys' fees and costs, totaling $89,390.49. The decision was issued by Special Master Laura D. Millman on October 24, 2014. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Michael P. Milmoe.

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