Bethany Zellmer-Cesnik v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2015)

Bethany Zellmer-Cesnik filed a petition for compensation under the National Vaccine Injury Compensation Program on September 29, 2015, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following her September 23, 2014 influenza vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 15, 2015, conceding that the petitioner was entitled to compensation.

The respondent concluded that the petitioner suffered a non-Table injury of SIRVA, that the injury was causally related to the influenza vaccination, that no other cause for the SIRVA had been identified, that the condition had persisted for more than six months, and that all legal prerequisites for compensation under the Vaccine Act had been met. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 16, 2015, finding the petitioner entitled to compensation.

Subsequently, on December 18, 2015, the parties filed a proffer on the award of compensation. The respondent proffered that the petitioner should be awarded a total lump sum of $75,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), and the petitioner agreed.

On December 18, 2015, Chief Special Master Dorsey issued a decision awarding damages, granting the petitioner a lump sum payment of $75,000.00, payable to Bethany Zellmer-Cesnik. Additionally, on December 17, 2015, the parties filed a stipulation of fact concerning attorneys' fees and costs, agreeing to an award of $12,000.00.

Petitioner's counsel, Paul Brazil of Muller Brazil, LLP, represented that the petitioner incurred no out-of-pocket expenses. On December 18, 2015, Chief Special Master Dorsey issued a decision on attorneys' fees and costs, granting the stipulated amount of $12,000.00, payable jointly to the petitioner and her counsel, Paul Brazil.

The respondent was represented by Douglas Ross of the U.S. Department of Justice.