Michael Lerg v. HHS - Meningococcal, shoulder injury related to vaccine administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Michael Lerg filed a petition for compensation under the National Vaccine Injury Compensation Program on December 16, 2014, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by a meningococcal vaccine he received on May 6, 2014. The respondent, represented by Christine Becer of the U.S.
Department of Justice, filed a Rule 4(c) report on May 29, 2015, conceding that Mr. Lerg's alleged injury was consistent with SIRVA and recommending that compensation be awarded.
The respondent also agreed that the injury lasted for more than six months and was not due to factors unrelated to the vaccine administration. Based on the respondent's concession and the evidence, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on May 29, 2015, finding Mr.
Lerg entitled to compensation. Subsequently, on June 4, 2015, the parties submitted a proffer agreeing to an award of $125,000.00 for all damages, payable as a lump sum check to Michael Lerg.
Chief Special Master Vowell issued a decision on June 4, 2015, awarding this amount. On June 10, 2015, the parties filed a stipulation regarding attorneys' fees and costs.
Chief Special Master Vowell issued a decision on June 10, 2015, awarding $17,500.00 in attorneys' fees and costs, jointly payable to Michael Lerg and his counsel, Maximillian J. Muller of Muller Brazil, LLP.
The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.
Theory of causation
Petitioner Michael Lerg alleged a shoulder injury related to vaccine administration (SIRVA) caused by a meningococcal vaccine received on May 6, 2014. The respondent conceded that the injury was consistent with SIRVA and recommended compensation. The Special Processing Unit (SPU) was assigned to the case. Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on May 29, 2015, finding petitioner entitled to compensation based on the respondent's concession. A subsequent proffer on award of compensation, filed June 4, 2015, agreed to a lump sum payment of $125,000.00 for all damages under 42 U.S.C. § 300aa-15(a). Petitioner agreed to this amount. The theory of causation was based on the "Table" for SIRVA. Chief Special Master Vowell issued a decision awarding damages on June 4, 2015. A separate decision on June 10, 2015, awarded $17,500.00 in attorneys' fees and costs, jointly payable to petitioner Michael Lerg and his counsel Maximillian Muller (Muller Brazil, LLP). Respondent's counsel was Christine Becer (U.S. Department of Justice). The public text does not detail specific medical experts, clinical findings, or the precise mechanism of injury beyond the SIRVA classification.