Sherry Harrison v. HHS - Influenza, shoulder injury related to vaccine administration (2015)

Sherry Harrison filed a petition for compensation under the National Vaccine Injury Compensation Program on November 5, 2015, alleging she developed a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 19, 2014. The respondent filed a Rule 4(c) report conceding entitlement to compensation, agreeing that the injury was consistent with SIRVA and not due to factors unrelated to the vaccination, and that Ms.

Harrison met all other legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 5, 2015, finding Ms.

Harrison entitled to compensation. Subsequently, on November 18, 2015, Chief Special Master Dorsey issued a decision awarding damages based on respondent's proffer on award of compensation.

Respondent proffered, with petitioner's agreement, an award of $65,000.00 for pain and suffering and $2,443.99 for past unreimbursable expenses, totaling $67,443.99. Future unreimbursable expenses and lost earnings were not awarded as the petitioner was gainfully employed and did not require future care.

Additionally, $14,000.00 was awarded for attorneys' fees and costs. The total award was $67,443.99 in a lump sum payable to Ms.

Harrison, and $14,000.00 in a lump sum payable to Ms. Harrison and her attorney, Maximillian J.

Muller. The case was processed through the Special Processing Unit.

Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Justine Walters of the U.S. Department of Justice.