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

Filed 2015-07-06Decided 2015-12-01Vaccine Influenza
compensated$50,000

Case summary [AI summaries can sometimes make mistakes]

On July 6, 2015, Adele Hamilton filed a Vaccine Program petition after receiving an influenza vaccine on January 11, 2013. She alleged that the vaccination caused a shoulder injury.

Respondent filed a combined Rule 4(c) report and damages proffer on December 1, 2015. Respondent conceded entitlement, stating that Hamilton's alleged injury was consistent with shoulder injury related to vaccine administration, or SIRVA, that no other cause had been identified, and that the statutory requirements were met.

The public ruling does not provide a detailed treatment or onset narrative beyond the SIRVA concession. Chief Special Master Nora Beth Dorsey granted entitlement and awarded damages on December 1, 2015.

Hamilton received a lump sum of $50,000.00, payable to her, representing all damages available under section 15(a). A later December 28, 2015 decision awarded attorney fees and costs separately and did not change the injury-compensation award.

Hamilton was represented by Maximillian Muller of Muller Brazil, LLP.

Theory of causation

Influenza vaccine (January 11, 2013) causing shoulder injury/SIRVA. COMPENSATED. Respondent conceded injury consistent with SIRVA, no other cause identified, and statutory requirements satisfied in combined Rule 4(c) report/proffer. Chief Special Master Nora Beth Dorsey granted entitlement and damages on December 1, 2015. Award: $50,000.00 lump sum payable to Adele Hamilton for all section 15(a) damages; attorney-fee award was separate. Attorney: Maximillian Muller, Muller Brazil, LLP, Dresher, PA.

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