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

Kathy Cox filed a petition for compensation under the National Vaccine Injury Compensation Program on June 10, 2015. She alleged that an influenza vaccination received on October 9, 2014, caused her to suffer a shoulder injury related to vaccine administration (SIRVA).

The respondent, the Secretary of Health and Human Services, filed a joint Rule 4(c) Report and Proffer on Damages on September 2, 2015. In this report, the respondent conceded that Ms.

Cox's alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine administered on October 9, 2014. The respondent also stated that no other causes for the SIRVA were identified and that the sequelae of the injury lasted more than six months.

Based on this concession, Special Master Denise Kathryn Vowell found Ms. Cox entitled to compensation.

On September 4, 2015, Special Master Vowell issued a decision awarding Ms. Cox a lump sum payment of $83,000.00 for all damages.

Subsequently, on September 10, 2015, the parties filed a stipulation regarding attorneys' fees and costs. On October 20, 2015, Chief Special Master Nora Beth Dorsey issued a decision approving this stipulation.

The parties agreed to an award of $14,000.00 for attorneys' fees and costs, representing all legal expenses incurred. Petitioner's counsel, Andrew Downing of Van Cott & Talamante, PLLC, represented that Ms.

Cox incurred no out-of-pocket expenses. The total compensation awarded to Kathy Cox was $97,000.00 ($83,000.00 for damages and $14,000.00 for fees and costs).