Rosemary West v. HHS - Influenza, shoulder injury (2015)

Rosemary West filed a petition for compensation under the National Vaccine Injury Compensation Program on November 4, 2014, alleging she suffered a shoulder injury as a result of receiving an influenza vaccination. The petition was filed by attorney David R.

Sidran of Toschi, Sidran, Collins & Doyle. The respondent was the Secretary of Health and Human Services, represented by attorney Heather L.

Pearlman. On May 15, 2015, a decision was issued awarding compensation to the petitioner based on a stipulation between the parties.

Subsequently, on May 19, 2015, the parties filed a Stipulation of Fact Concerning Attorneys' Fees and Costs. The stipulation indicated that the petitioner's counsel represented that Ms.

West incurred no out-of-pocket expenses. Chief Special Master Denise Kathryn Vowell reviewed the stipulation and found the proposed amount of $5,400.00 to be reasonable.

This amount was awarded as a lump sum, payable jointly to Ms. West and her counsel, David R.

Sidran, to cover all legal expenses incurred in the matter. The case proceeded as a Table claim, and the parties stipulated to the award amount.