Antoinette McCormick v. HHS - Influenza, shoulder injuries (2015)

Antoinette McCormick filed a petition for compensation under the National Vaccine Injury Compensation Program on November 14, 2014, alleging that an influenza vaccination on December 7, 2013, caused her to suffer shoulder injuries. The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) Report on April 27, 2015, conceding that Ms. McCormick suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a non-Table injury, and that the injury was causally related to the vaccination.

Based on this concession, a ruling on entitlement was issued on April 29, 2015, finding petitioner entitled to compensation. On June 17, 2015, respondent filed a proffer on award of compensation.

The parties stipulated to compensation in the amount of $90,000.00 for pain and suffering and $14,546.62 for attorneys' fees and costs. A decision awarding damages and attorneys' fees and costs was issued on July 17, 2015, granting a total award of $104,546.62.