Cheri Fox v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (2016)

Cheri Fox filed a petition for compensation under the National Vaccine Injury Compensation Program on October 28, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination on September 23, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that petitioner was entitled to compensation, finding that she suffered SIRVA and that it was causally related to the vaccination.

A ruling on entitlement was issued on October 28, 2015, finding Cheri Fox entitled to compensation. Subsequently, on November 30, 2015, the respondent filed a Proffer of Damages, agreeing to an award of $65,773.25 for pain and suffering and $226.75 for past unreimbursable expenses.

The parties also agreed that the injury did not impair her earning capacity, so no lost future earnings were awarded. Additionally, the respondent proffered $13,854.58 for attorneys' fees and costs.

On September 21, 2016, the Chief Special Master issued a decision awarding Cheri Fox a total of $66,000.00 for pain and suffering and unreimbursable expenses, and $13,854.58 for attorneys' fees and costs, for a total award of $79,854.58.