Elaine Stout v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)

Elaine Stout filed a petition for compensation under the National Vaccine Injury Compensation Program on January 9, 2015, alleging that an Influenza vaccine received on January 10, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that petitioner's injury was consistent with SIRVA and was caused in fact by the flu vaccine.

Based on this concession, the Chief Special Master issued a ruling on entitlement, finding Ms. Stout entitled to compensation.

Subsequently, on April 22, 2015, the respondent filed a proffer on award of compensation, which petitioner agreed to. The decision awarded Ms.

Stout a lump sum payment of $79,444.74, consisting of $1,944.74 in past unreimbursable expenses and $77,500.00 in pain and suffering. This award represented all elements of compensation available under the Vaccine Act.

Later, on June 15, 2015, the parties filed a stipulation for attorneys' fees and costs, agreeing to an award of $14,657.78, which was jointly payable to Ms. Stout and her attorney.

The case was processed as a Table claim, and entitlement was conceded by the respondent.