Rebecca Guy v. HHS - Influenza, shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
Rebecca Guy filed a petition for compensation under the National Vaccine Injury Compensation Program on June 30, 2015, alleging that an influenza vaccination she received on September 17, 2014, caused her to suffer a shoulder injury. The case was assigned to the Special Processing Unit.
On November 12, 2015, the respondent filed a Rule 4(c) Report and Proffer on Damages, conceding that Ms. Guy's alleged injury was consistent with shoulder injury related to vaccination administration (SIRVA) and that it was caused in fact by the flu vaccine.
The respondent also stated that Ms. Guy had satisfied all legal prerequisites for compensation under the Act.
Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey found Ms. Guy entitled to compensation.
The decision, issued on January 13, 2016, awarded Ms. Guy a lump sum payment of $75,000.00 for all damages.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and the respondent was represented by Gordon Elliot Shemin of the U.S.
Department of Justice. Subsequently, on March 23, 2016, a decision was issued awarding attorneys' fees and costs.
This award was based on a stipulation filed by the parties on November 20, 2015, agreeing to a total of $16,998.27. Petitioner's counsel represented that Ms.
Guy incurred no out-of-pocket expenses. Chief Special Master Dorsey granted the request for attorneys' fees and costs, awarding the stipulated amount as a lump sum payable jointly to Ms.
Guy and her counsel, Maximillian J. Muller.
Theory of causation
Petitioner Rebecca Guy received an influenza vaccination on September 17, 2014. She alleged this vaccination caused a shoulder injury. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused in fact by the flu vaccine. The public decision does not describe the specific mechanism of injury, onset of symptoms, medical examinations, or treatments. The respondent's concession was based on the evidence of record. Chief Special Master Nora Beth Dorsey ruled on entitlement and awarded $75,000.00 in lump sum damages for all damages. Attorneys' fees and costs were subsequently awarded in the amount of $16,998.27 based on a stipulation between the parties. Petitioner was represented by Maximillian J. Muller (Muller Brazil, LLP), and respondent was represented by Gordon Elliot Shemin (U.S. Department of Justice). The decision was issued on January 13, 2016, with the attorneys' fees decision issued on March 23, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-00683