Christine Redlinger v. HHS - Influenza, shoulder injury related to vaccine administration (2016)
Case summary [AI summaries can sometimes make mistakes]
Christine Redlinger filed a petition for compensation under the National Vaccine Injury Compensation Program on August 17, 2015, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 9, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 2, 2015, conceding that the evidence established that the injury to petitioner's left shoulder was caused-in-fact by the administration of the flu vaccine and that the statutory six-month sequela requirement was satisfied.
Based on this concession, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 5, 2015, finding petitioner entitled to compensation. Subsequently, on November 19, 2015, the parties filed a proffer agreeing to an award of $80,000.00 for pain and suffering and unreimbursed medical expenses.
Chief Special Master Dorsey issued a decision on March 18, 2016, awarding this lump sum payment to petitioner. Petitioner was represented by Paul Brazil of Muller Brazil, LLP, and the respondent was represented by Christine Becer of the U.S.
Department of Justice. On November 24, 2015, the parties filed a stipulation regarding attorneys' fees and costs.
Chief Special Master Dorsey issued a decision on March 23, 2016, awarding $13,963.90 in attorneys' fees and costs, payable jointly to petitioner and her counsel, Paul Brazil.
Theory of causation
Petitioner Christine Redlinger alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 9, 2014. The respondent conceded entitlement, agreeing that the evidence established the injury was caused-in-fact by the vaccine and met the statutory requirements. The specific mechanism of injury and expert testimony were not detailed in the provided public text. The case resulted in a compensated outcome. Chief Special Master Nora Beth Dorsey ruled on entitlement on November 5, 2015, and awarded $80,000.00 for pain and suffering and unreimbursed medical expenses on March 18, 2016, based on a proffer agreed to by both parties. Attorneys' fees and costs of $13,963.90 were awarded on March 23, 2016. Petitioner was represented by Paul Brazil and respondent by Christine Becer.