Nicole C’Debaca v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Nicole C’Debaca filed a petition for compensation under the National Vaccine Injury Compensation Program on December 8, 2014. The petition alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on November 1, 2013.
The case was assigned to the Special Processing Unit. On March 27, 2015, the respondent filed a report conceding that the petitioner suffered a non-Table injury of SIRVA and that the injury was causally related to the vaccination.
Based on this concession, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on March 27, 2015, finding Ms. C’Debaca entitled to compensation.
Subsequently, on April 29, 2015, the parties filed a proffer on the award of compensation. The respondent’s proffer detailed compensation for all elements of compensation to which the petitioner would be entitled under §15(a), and the petitioner agreed to the proposed award.
On April 30, 2015, Chief Special Master Vowell issued a decision awarding a lump sum payment of $70,000.00, payable to the petitioner, representing compensation for all damages. Additionally, on April 29, 2015, the parties filed a stipulation of facts regarding attorneys' fees and costs.
They agreed upon a total award of $14,452.82 for attorneys' fees and costs. On April 30, 2015, Chief Special Master Vowell issued a decision awarding this amount as a lump sum, payable jointly to the petitioner and her counsel, Muller Brazil, LLP.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Alexis B.
Babcock of the U.S. Department of Justice.
Theory of causation
Petitioner Nicole C’Debaca alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on November 1, 2013. The respondent conceded that petitioner suffered a non-Table injury of SIRVA and that the preponderance of the medical evidence indicated the injury was causally related to the vaccination. The public decision does not describe the specific mechanism of injury, onset, symptoms, or medical experts. The case resulted in a ruling on entitlement and a subsequent stipulation for damages. Petitioner was awarded $70,000.00 as a lump sum payment. Attorneys' fees and costs were stipulated and awarded at $14,452.82, payable jointly to petitioner and her counsel, Muller Brazil, LLP. Chief Special Master Denise Kathryn Vowell presided over the case. The decision date for entitlement was March 27, 2015, and the decision date for damages was April 30, 2015. Petitioner's counsel was Maximillian J. Muller, and respondent's counsel was Alexis B. Babcock.