Annette Terry v. HHS - Influenza, shoulder injury related to vaccine administration (“SIRVA”) (2014)

Annette Terry filed a petition on June 30, 2014, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) in her left shoulder and arm, caused by an influenza vaccine she received on October 10, 2013. The respondent filed a report on August 21, 2014, conceding that the petitioner's alleged injury was consistent with SIRVA and that she met the legal prerequisites for compensation under the National Vaccine Injury Compensation Program.

Based on this concession, Special Master Nora Beth Dorsey issued a Ruling on Entitlement on August 22, 2014, finding that petitioner was entitled to compensation for an injury caused-in-fact by a covered vaccine. Subsequently, on August 27, 2014, the respondent filed a Proffer on Award of Compensation, recommending an award of $80,000.00.

The petitioner agreed with this amount, and Special Master Dorsey issued a Decision Awarding Damages on September 18, 2014, awarding a lump sum payment of $80,000.00, payable to the petitioner. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and respondent was represented by Claudia Gangi of the United States Department of Justice. Separately, on September 10, 2014, Special Master Dorsey issued a decision regarding attorneys' fees and costs.

The parties had filed a Stipulation of Fact Concerning Attorneys’ Fees and Costs on September 10, 2014, wherein the respondent did not object to a total award of $14,000.00 for attorneys' fees and costs. Petitioner stated she incurred no out-of-pocket expenses.

Special Master Dorsey granted the motion for approval and payment of attorneys' fees and costs, ordering a check jointly payable to Annette Terry and her counsel, Maximillian J. Muller, in the amount of $14,000.00.