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

Cheryl Pedraza filed a petition for compensation on August 13, 2015, alleging that she suffered a right shoulder injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), as a result of receiving an influenza vaccine on October 14, 2014. The respondent, Secretary of Health and Human Services, filed a Rule 4(c) report conceding entitlement.

The respondent agreed that petitioner's injury was consistent with SIRVA, caused in fact by the flu vaccine, and that no unrelated factors were identified. The records indicated that the sequelae of the injury lasted for more than six months.

Based on the respondent's concession and the presented evidence, Chief Special Master Nora Beth Dorsey found that petitioner was entitled to compensation. Subsequently, on December 7, 2015, the parties filed a joint stipulation for damages.

The stipulation stated that there was not a preponderance of the evidence demonstrating that petitioner's condition was due to a factor unrelated to vaccination. On April 26, 2016, Chief Special Master Dorsey issued a decision adopting the stipulation, awarding Cheryl Pedraza $115,772.83 in compensation for all damages.

This amount was to be paid as a lump sum in the form of a check payable to petitioner. On December 8, 2015, the parties also filed a stipulation regarding attorneys' fees and costs.

On April 27, 2016, Chief Special Master Dorsey issued a decision approving a joint stipulation for attorneys' fees and costs, awarding $15,500.00 as a lump sum payable jointly to petitioner and her counsel, Muller Brazil, LLP. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and respondent was represented by Darryl R. Wishard of the U.S.

Department of Justice.