Kevin White v. HHS - Influenza, left shoulder injury (2015)
Case summary [AI summaries can sometimes make mistakes]
Kevin White filed a petition for compensation under the National Vaccine Injury Compensation Program on December 3, 2015, alleging a left shoulder injury following his influenza vaccination on September 18, 2014. The respondent filed a Rule 4(c) report on December 2, 2015, conceding that the petitioner's alleged injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and was caused-in-fact by the flu vaccine received on September 18, 2014.
The respondent also agreed that no other cause for the injury was identified and that the sequelae persisted for more than six months, satisfying all legal prerequisites for compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on December 3, 2015, finding Kevin White entitled to compensation.
Subsequently, on December 28, 2015, the parties filed a stipulation and proffer regarding the award of compensation. The respondent proffered that petitioner should be awarded $110,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a), and petitioner agreed with this amount.
On January 19, 2016, the parties filed a Stipulation of Fact Concerning Attorneys' Fees and Costs, stipulating to an award of $14,250.00. Petitioner's counsel represented that petitioner incurred no out-of-pocket expenses.
Chief Special Master Dorsey issued a Decision on Attorneys' Fees and Costs on January 19, 2016, granting the request and awarding $14,250.00 as a lump sum, payable jointly to the petitioner and his counsel, Muller Brazil, LLP. On December 28, 2015, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Kevin White a lump sum payment of $110,000.00, payable to Kevin White, based on the respondent's proffer and the record as a whole.
Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Amy Kokot of the U.S. Department of Justice.