Russell Baker v. HHS - Influenza, left shoulder injury (2015)
Case summary [AI summaries can sometimes make mistakes]
Russell Baker filed a petition on September 17, 2014, alleging that he suffered a left shoulder injury as a result of an influenza vaccination administered on November 3, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on December 24, 2014, conceding entitlement to compensation.
The respondent stated that the temporal association between the flu vaccination and the onset of Mr. Baker's left shoulder pain was medically appropriate, and there was no other identifiable alternate cause for his symptoms, thus satisfying the causation-in-fact requirement under the National Vaccine Injury Compensation Program.
Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on December 29, 2014, finding Mr. Baker entitled to compensation based on the respondent's concession and the evidence.
Subsequently, on February 3, 2015, the parties filed a stipulation for damages and attorneys' fees. The stipulation detailed a proposed award of $80,000.00 for actual and projected pain and suffering, and $15,000.00 for attorneys' fees and costs, to which Mr.
Baker agreed. The proffer noted that Mr.
Baker was retired at the time of vaccination and therefore would not receive an award for lost future earnings. It also stated that no award would be made for future unreimbursable expenses, past unreimbursable expenses, or for any outstanding Medicaid lien.
Chief Special Master Vowell issued a decision on March 6, 2015, awarding Mr. Baker a total of $95,000.00.
This award consisted of a lump sum payment of $80,000.00 payable to Mr. Baker for pain and suffering, and a lump sum payment of $15,000.00 payable jointly to Mr.
Baker and his counsel, Paul Brazil, for attorneys' fees and costs. The decision noted that Mr.
Baker did not incur out-of-pocket litigation expenses.
Theory of causation
Petitioner Russell Baker alleged a left shoulder injury resulting from an influenza vaccination on November 3, 2013. The respondent conceded entitlement, finding the temporal association between the vaccination and the onset of shoulder pain medically appropriate with no other identifiable alternate cause, satisfying causation-in-fact. The case was decided based on this concession, without detailed discussion of medical experts or specific injury mechanisms in the provided text. The outcome was compensated. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on December 29, 2014, and a damages decision on March 6, 2015. The award totaled $95,000.00, comprising $80,000.00 for pain and suffering and $15,000.00 for attorneys' fees and costs, paid to petitioner and his counsel, Paul Brazil. The injury was classified as SIRVA (Shoulder Injury Related to Vaccine Administration), and the theory of causation was noted as 'Off-Table' in the provided database fields, though not explicitly detailed as such in the court documents.