Jennifer Ratterman v. HHS - Influenza, shoulder injury related to vaccine administration (2015)

Filed 2014-12-30Decided 2015-12-28Vaccine Influenza
compensated$150,000

Case summary [AI summaries can sometimes make mistakes]

Jennifer Ratterman filed a petition for compensation under the National Vaccine Injury Compensation Program on August 22, 2014, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of a trivalent influenza vaccination on August 26, 2011. The respondent, the Secretary of Health and Human Services, filed a report on December 29, 2014, conceding that the petitioner was entitled to compensation.

The respondent stated that the evidence established that the injury to Ratterman's right shoulder was caused by the administration of the flu vaccine and was not due to unrelated factors. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on December 30, 2014, finding that the petitioner was entitled to compensation based on the respondent's concession and the evidence.

Subsequently, on March 6, 2015, the parties filed a proffer on the award of compensation. The respondent's proffer detailed compensation for all elements of damages available under Section 15(a) of the Vaccine Act, and the petitioner agreed to the proposed award.

Chief Special Master Vowell issued a decision on March 30, 2015, awarding Jennifer Ratterman a lump sum payment of $150,000.00, payable to the petitioner, representing compensation for all damages. On November 5, 2015, the parties filed a stipulation for attorneys' fees and costs.

Chief Special Master Nora Beth Dorsey issued a decision on December 28, 2015, approving the stipulation and awarding a total of $32,000.00 as a lump sum, jointly payable to Jennifer Ratterman and her counsel, Richard Christian Macke. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.

Theory of causation

Petitioner Jennifer Ratterman alleged a shoulder injury related to vaccine administration (SIRVA) following a trivalent influenza vaccination on August 26, 2011. The respondent conceded entitlement, stipulating that the evidence established the injury to the petitioner's right shoulder was caused by the vaccine administration. The case proceeded to an award of compensation based on this concession. The specific medical mechanism, expert testimony, or detailed clinical findings regarding the SIRVA were not described in the public decisions. The award for all damages under 42 U.S.C. § 300aa-15(a) was $150,000.00, awarded on March 30, 2015, by Chief Special Master Denise Kathryn Vowell. Attorneys' fees and costs totaling $32,000.00 were awarded on December 28, 2015, by Chief Special Master Nora Beth Dorsey, jointly payable to the petitioner and her counsel, Richard Christian Macke. Respondent's counsel was Lynn Elizabeth Ricciardella.

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