Ann Wyborski v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Ann Wyborski filed a petition for compensation under the National Vaccine Injury Compensation Program on March 23, 2015, alleging that an influenza vaccination on September 13, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the petitioner's SIRVA was more likely than not caused by the flu vaccination and that she met all legal prerequisites for compensation.

A ruling on entitlement was issued on June 4, 2015. Subsequently, on December 3, 2015, the parties filed a proffer on award of compensation, agreeing to a total award of $236,492.00.

This amount represented projected vaccine-related injury expenses, past lost earnings, pain and suffering, and past unreimbursable expenses. The decision awarding damages was issued on April 25, 2016.

On January 19, 2016, petitioner filed a motion for attorneys' fees and costs, and on February 1, 2016, the parties stipulated to an award of $30,412.75 in attorneys' fees and $1,093.86 in costs, plus $56.49 for petitioner's own costs. The final decision on attorneys' fees and costs was issued on May 4, 2016, granting the stipulated amounts.