Heather Cook v. HHS - Influenza, shoulder injury related to vaccine administration ("SIRVA") (2015)

Heather Cook filed a petition for compensation under the National Vaccine Injury Compensation Program on October 23, 2014, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 30, 2013. She was 44 years old at the time of vaccination.

Ms. Cook sought compensation for left shoulder pain, stiffness, weakness, and numbness, which she reported began approximately seven days after the vaccination.

Medical evaluations noted inflammation and limited range of motion in her left shoulder. A neurologist considered a reaction to the flu shot or brachial plexitis as potential diagnoses.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Cook's injury was consistent with SIRVA and satisfied the "Althen requirements" for causation, agreeing that the alleged injury was caused in fact by the vaccination.

The respondent also agreed that Ms. Cook suffered residual effects of her injury for at least six months and had satisfied all legal prerequisites for compensation.

The parties stipulated to an award of $70,000.00 for all damages, to be paid as a lump sum check to Ms. Cook.

Chief Special Master Denise Kathryn Vowell issued a decision on May 28, 2015, awarding Ms. Cook the stipulated $70,000.00.

Subsequently, on July 16, 2015, the parties filed a stipulation for attorney fees and costs. They agreed upon an award of $13,394.34.

Chief Special Master Vowell issued a decision on August 5, 2015, awarding the stipulated attorney fees and costs of $13,394.34 as a lump sum check jointly payable to Ms. Cook and her counsel, Mark L.

Krueger. Petitioner was represented by Mark L.

Krueger of Krueger & Hernandez, S.C., and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.