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