Lobelia Sharp-Rountree v. HHS - Influenza, shoulder injury (adhesive capsulitis) and brachial neuritis (2015)

Lobelia Sharp-Rountree filed a petition for compensation under the National Vaccine Injury Compensation Program on September 2, 2014, alleging she suffered a shoulder injury (adhesive capsulitis) and brachial neuritis due to an influenza vaccination administered on April 6, 2012. The case was assigned to the Special Processing Unit for expedited processing.

The initial counsel, Mark Sadaka, sought interim attorneys' fees and costs totaling $19,656.44. Respondent initially opposed interim fees, arguing that a reasonable basis for the claim had not yet been established, particularly due to the lack of an expert report.

However, after petitioner filed an expert report by Dr. Mary E.

Reif, a neurologist, who characterized the injury as SIRVA and appeared to rule out brachial neuritis, respondent became amenable to settlement negotiations. The court found that the claim was brought in good faith and had a reasonable basis, supported by Dr.

Reif's report, which addressed respondent's prior concerns. The court awarded the requested interim attorneys' fees and costs of $19,656.44.