Beatrice Thompson v. HHS - Influenza, left shoulder injuries (2014)

Beatrice Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2014, alleging that she developed left shoulder injuries after receiving an influenza vaccine on November 12, 2013. The respondent filed a report on September 15, 2014, conceding that the petitioner's injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that she was entitled to compensation.

A Ruling on Entitlement and a damages order were issued on September 16, 2014. On October 2, 2014, the respondent filed a Proffer on Award of Compensation, stating that the petitioner agreed with the proffered award.

Special Master Nora Beth Dorsey found that the petitioner was entitled to an award as stated in the Proffer. The award included a lump sum payment of $95,225.00, payable to Beatrice Thompson, representing all elements of compensation under 42 U.S.C. § 300aa-15(a).

The decision noted that petitioner was a competent adult and did not require guardianship. Judgment was to be entered as stipulated, with the parties renouncing the right to seek review.

Subsequently, on October 6, 2014, the parties filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs. Special Master Dorsey issued a decision on October 28, 2014, approving a total award of $14,750.00 for attorneys' fees and costs, payable jointly to petitioner Beatrice Thompson and her attorney, Paul R.

Brazil of Muller Brazil, LLP. The total award to Beatrice Thompson was $109,975.00 ($95,225.00 for compensation and $14,750.00 for attorneys' fees and costs).

The case proceeded as a Table claim, and judgment was entered based on the parties' joint filing renouncing the right to seek review. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP, and respondent was represented by Lara Ann Englund of the U.S. Department of Justice.