Carmel McDowell v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Carmel McDowell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that a seasonal influenza vaccination on October 1, 2013, resulted in a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms. McDowell's injury was consistent with SIRVA and that she met all legal prerequisites for compensation.
Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Ms. McDowell entitled to compensation.
Subsequently, the parties filed a proffer on award of compensation, agreeing to a total award of $128,500.00 for all damages. The court issued a decision awarding this lump sum payment.
Following the damages award, the parties filed a stipulation concerning attorneys' fees and costs, agreeing to an award of $19,250.00. The court approved this amount, ordering a lump sum payment jointly to Ms.
McDowell and her counsel. The total compensation awarded was $147,750.00.