Erin Menser v. HHS - Influenza, left shoulder injury (2014)

Erin Menser filed a petition on August 26, 2014, alleging that she suffered a left shoulder injury as a result of an influenza vaccine she received on August 30, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on August 22, 2014, conceding that Ms.

Menser suffered from a shoulder injury related to vaccine administration (SIRVA) and recommended compensation. The parties subsequently filed a stipulation for an award of compensation.

On August 26, 2014, the respondent filed a Proffer of Damages, proposing an award of $80,000.00 for all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner agreed with this amount.

Special Master Laura D. Millman reviewed the proffer and found its terms reasonable, awarding a lump sum payment of $80,000.00 to Ms.

Menser, to be paid by check. On September 15, 2014, the parties filed a stipulation for attorneys' fees and costs.

Petitioner's counsel, Maximillian J. Muller, initially submitted a request, which was amended to $14,500.00 after respondent raised objections to certain items.

Respondent did not object to the amended amount. Special Master Millman found the $14,500.00 to be reasonable and awarded it as reimbursement for attorneys' fees and costs, to be paid by check jointly to petitioner and Muller Brazil, LLP.

The total compensation awarded to Ms. Menser was $94,500.00 ($80,000.00 for damages and $14,500.00 for fees and costs).

The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.