Barbara Wright v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)

On May 27, 2014, petitioner Barbara Wright filed a petition under the National Childhood Vaccine Injury Act alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 1, 2013. Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on July 14, 2014, conceding that petitioner suffered from SIRVA and recommending compensation.

On July 30, 2015, the parties filed a stipulation and proffer regarding an award of compensation. Special Master Laura D.

Millman issued a decision on August 13, 2015, awarding a lump sum payment of $120,000.00 for all elements of compensation. This award was to be paid by check to petitioner Barbara Wright.

The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. On August 13, 2015, Special Master Millman also issued a decision regarding attorneys' fees and costs.

The parties had filed a stipulation of fact agreeing on the amount. Petitioner's counsel asserted that petitioner incurred no costs.

Petitioner amended her application for attorneys' fees and costs to $18,591.85, which respondent did not object to. Special Master Millman found this amount reasonable and awarded $18,591.85 for attorneys' fees and costs.

This award was to be paid by check jointly to petitioner Barbara Wright and Muller Brazil, LLP. The total award for compensation, attorneys' fees, and costs was $138,591.85.