Ryan Britton v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
On December 8, 2014, Karen Stroup filed a petition for compensation under the National Vaccine Injury Compensation Program on behalf of her son, R.B., alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by influenza and meningococcal vaccines received on October 29, 2013. The case was assigned to the Special Processing Unit.
On April 16, 2015, the Special Master issued a ruling on entitlement, finding the petitioner eligible for compensation. Subsequently, on August 9, 2015, R.B. turned 18 years old, and the case caption was amended to reflect his name as Ryan Britton.
On September 1, 2015, the respondent, the Secretary of Health and Human Services, filed a proffer conceding that Britton suffered from SIRVA and recommending an award. The parties agreed to a total compensation amount of $109,617.48 for all damages, representing compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a).
Additionally, the parties agreed to an award of $16,500.00 for attorneys' fees and costs, with petitioner's counsel representing that no out-of-pocket expenses were incurred. Chief Special Master Denise K.
Vowell issued a decision on September 30, 2015, awarding a lump sum of $109,617.48 payable to Ryan Britton for damages, and a lump sum of $16,500.00 payable jointly to Ryan Britton and his counsel, Maximillian J. Muller, Esq., for attorneys' fees and costs.
The total award amounted to $126,117.48. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
The theory of causation is based on a concession by the respondent that the petitioner suffered from SIRVA.
Theory of causation
Petitioner Ryan Britton alleged a shoulder injury related to vaccine administration (SIRVA) following influenza and meningococcal vaccinations on October 29, 2013. The respondent, Secretary of Health and Human Services, filed a proffer conceding that petitioner suffered from SIRVA. The case was decided based on this concession and a stipulation between the parties. Chief Special Master Denise K. Vowell issued a decision on September 30, 2015, awarding $109,617.48 for damages and $16,500.00 for attorneys' fees and costs, totaling $126,117.48. Petitioner was represented by Maximillian J. Muller, Esq., and respondent was represented by Sarah Duncan, Esq. The specific medical mechanism for the SIRVA was not detailed in the public decision, and the theory of causation relied on the respondent's concession rather than extensive expert medical testimony presented in the public record.
Source PDFs
USCOURTS-cofc-1_14-vv-01182