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

Leslie Hornick filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination received on October 10, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, conceded that Petitioner was entitled to compensation.

The respondent agreed that the injury was consistent with SIRVA and that the evidence indicated it was causally related to the vaccination. Based on the respondent's concession and a review of the record, the Special Master found Petitioner entitled to compensation.

The case then proceeded to the damages phase. On November 5, 2014, the respondent filed a Proffer of Damages recommending an award of $80,000.00, with which Petitioner agreed.

The Special Master awarded Petitioner a lump sum payment of $80,000.00. Subsequently, on November 12, 2014, the parties filed a stipulation regarding attorneys' fees and costs, agreeing to an award of $13,800.00.

The Special Master found the petition was brought in good faith with a reasonable basis, and awarded the stipulated amount for fees and costs, payable jointly to Petitioner and her counsel.