Joanne Jennings v. HHS - Influenza, shoulder injury related to vaccine administration (2015)

Joanne Jennings filed a petition for compensation under the National Vaccine Injury Compensation Program on February 9, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on October 12, 2013.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccination caused petitioner's left shoulder injury, any other injury, or her current disabilities. Despite the denial, the parties reached a settlement.

On September 4, 2015, they filed a joint stipulation agreeing to settle the case. The respondent agreed to pay Joanne Jennings a lump sum of $111,390.20 as compensation for all damages.

This amount was to be paid in the form of a check payable to Joanne Jennings. Special Master Denise Kathryn Vowell adopted the parties' stipulation.

Separately, on August 20, 2015, the parties filed a stipulation regarding attorneys' fees and costs, agreeing to an award of $15,300.00. Petitioner had indicated that she did not incur any out-of-pocket expenses.

Special Master Vowell found the proposed amount for attorney's fees and costs to be reasonable and awarded the total of $15,300.00 as a lump sum in the form of a check jointly payable to petitioner Joanne Jennings and her counsel, Paul R. Brazil.

The decision awarding damages was issued on September 30, 2015, and the decision on attorney fees and costs was also issued on September 30, 2015. Paul R.

Brazil of Muller Brazil, LLP, represented the petitioner, and Linda S. Renzi of the US Department of Justice represented the respondent.