Wendy Norris v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Wendy Norris filed a petition for compensation under the National Vaccine Injury Compensation Program on July 1, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 6, 2014.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 13, 2015, conceding that the alleged injury was consistent with SIRVA and was caused in fact by the influenza vaccine. The respondent also agreed that Ms.
Norris had satisfied all legal prerequisites for compensation. Based on this concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 16, 2015, finding Ms.
Norris entitled to compensation. Subsequently, on December 18, 2015, the parties filed a proffer on award of compensation.
The respondent proposed an award of $116,850.48, representing compensation for all damages available under the Act. Ms.
Norris agreed with this proffered award. Chief Special Master Dorsey issued a decision on December 18, 2015, awarding Ms.
Norris a lump sum of $116,850.48, payable by check to her. This award covered all elements of compensation under 42 U.S.C. § 300aa-15(a).
Later, on February 11, 2016, the parties filed a stipulation concerning attorneys' fees and costs. They agreed to an award of $14,287.17 for attorneys' fees and costs, with Ms.
Norris's counsel representing that Ms. Norris incurred no out-of-pocket expenses.
Chief Special Master Dorsey issued a decision on February 12, 2016, granting this request and awarding the stipulated amount of $14,287.17, payable jointly to Ms. Norris and her counsel, Andrew Downing.
The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Wendy Norris alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 6, 2014. The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the vaccine. The Special Master accepted this concession and found petitioner entitled to compensation. The case proceeded to an award based on a proffer. Petitioner was awarded a lump sum of $116,850.48 for all damages under 42 U.S.C. § 300aa-15(a). Attorneys' fees and costs were awarded separately in the amount of $14,287.17, jointly payable to petitioner and her counsel, Andrew Downing. Chief Special Master Nora Beth Dorsey presided over the entitlement ruling and the subsequent decisions on damages and fees. The theory of causation was based on the respondent's concession, aligning with the Vaccine Injury Table for SIRVA. The public decision does not detail specific medical experts or the mechanism of injury beyond the concession.