Tori Ricker v. HHS - Influenza, shoulder injury related to vaccine administration (2015)

Tori Ricker filed a petition for compensation under the National Vaccine Injury Compensation Program on November 13, 2015, alleging that the influenza vaccine she received on September 23, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report and Proffer on Damages on November 12, 2015, conceding that Ms.

Ricker was entitled to compensation. The respondent agreed that her alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine administered on September 23, 2013.

The respondent did not identify any other cause for the injury, and the records indicated that the sequelae of the injury lasted for more than six months. Based on this concession and the evidence of record, the respondent proffered an award of $100,000.00 for all damages.

Chief Special Master Nora Beth Dorsey found that Ms. Ricker was entitled to compensation and awarded her a lump sum of $100,000.00, payable to Ms.

Ricker, representing compensation for all damages available under the Act. Subsequently, on February 5, 2016, the parties filed a stipulation for attorneys' fees and costs.

Chief Special Master Dorsey issued a decision on February 8, 2016, awarding $13,433.93 in attorneys' fees and costs, jointly payable to Ms. Ricker and her counsel, Alison H.

Haskins of Maglio Christopher and Toale, PA. Jennifer L.

Reynaud of the U.S. Department of Justice represented the respondent.