Leslie Fox v. HHS - Influenza, arm and shoulder injuries, including adhesive capsulitis (2014)

Leslie Fox filed a petition for compensation under the National Vaccine Injury Compensation Program on September 25, 2014, alleging that an influenza vaccine administered on November 28, 2012, caused her arm and shoulder injuries, including adhesive capsulitis. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms.

Fox was entitled to compensation. The respondent agreed that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the flu vaccine, noting no other identified causes and that the condition persisted for more than six months.

Based on the respondent's concession and the evidence, the Special Master ruled that Ms. Fox was entitled to compensation.

Subsequently, on September 25, 2014, the respondent filed a proffer on award of compensation, which Ms. Fox agreed to.

The Special Master issued a decision awarding Ms. Fox a lump sum payment of $90,421.79 for all damages.

Later, on October 17, 2014, the parties filed a joint stipulation for attorneys' fees and costs, with Ms. Fox requesting $21,500.00, to which the respondent did not object.

The court adopted the stipulation, awarding the attorneys' fees and costs.