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

Angela Waters filed a petition on March 27, 2015, alleging that an influenza vaccination administered on October 22, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a report on June 3, 2015, conceding that the petitioner's injury was consistent with a SIRVA and was not due to factors unrelated to the vaccination.

The respondent concluded that the petitioner's left shoulder injury was compensable under the National Vaccine Injury Compensation Program. On June 4, 2015, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement, finding Ms.

Waters entitled to compensation based on the respondent's concession and the evidence presented. Subsequently, on September 24, 2015, the respondent filed a proffer agreeing to an award of $95,230.17 for all damages.

Chief Special Master Nora Beth Dorsey issued a decision on October 20, 2015, awarding Ms. Waters a lump sum payment of $95,230.17, payable by check to the petitioner.

This award represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). On November 9, 2015, the parties filed a stipulation concerning attorneys' fees and costs.

On January 13, 2016, Chief Special Master Dorsey issued a decision awarding $13,179.80 for attorneys' fees and costs, payable by check jointly to the petitioner and her counsel, Alison H. Haskins.

Petitioner was represented by Alison H. Haskins of Maglio Christopher and Toale, PA, and respondent was represented by Justine E.

Walters of the U.S. Department of Justice.