Charles Joy v. HHS - Influenza, shoulder injury related to vaccine administration (2015)

Charles Joy filed a petition for compensation on June 11, 2015, alleging that an influenza vaccination he received on September 15, 2014, caused him to suffer a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.

On November 2, 2015, the respondent filed a Rule 4(c) Report and Proffer on Damages, conceding that the petitioner's alleged injury was consistent with SIRVA and that the claim satisfied the legal requirements for compensation, including causation-in-fact. The respondent further indicated that the petitioner had satisfied all legal prerequisites for compensation under the National Vaccine Injury Compensation Program.

Based on the respondent's concession and the evidence of record, the Chief Special Master, Nora Beth Dorsey, found the petitioner entitled to compensation. The respondent proffered an award of $70,000.00 for all damages, which the petitioner agreed to.

Chief Special Master Dorsey awarded petitioner a lump sum payment of $70,000.00, payable to Charles Joy, representing compensation for all damages available under § 300aa-15(a). Subsequently, on December 22, 2015, the parties filed a Stipulation of Fact Concerning Attorneys' Fees and Costs.

Petitioner's counsel, John Robert Howie, Jr. of Howie Law, P.C., represented that petitioner incurred no out-of-pocket expenses. The parties stipulated to an award of $12,285.20 for attorneys' fees and costs.

Chief Special Master Dorsey granted this request, awarding the total of $12,285.20 as a lump sum payable jointly to petitioner and his counsel. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the precise mechanism of injury beyond the general category of SIRVA.

Petitioner was represented by John Robert Howie, Jr. of Howie Law, P.C., and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.