Susanne Whirley v. HHS - Influenza, left shoulder injury (2016)
Case summary [AI summaries can sometimes make mistakes]
On October 6, 2015, Susanne Whirley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury caused in fact by an influenza vaccine she received on October 3, 2014. The case was assigned to the Special Processing Unit.
On January 28, 2016, the respondent filed a Rule 4(c) report conceding that Ms. Whirley's left shoulder injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that she met the statutory requirements for compensation, having suffered the condition for more than six months.
Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Whirley entitled to compensation.
Subsequently, on February 18, 2016, the parties submitted a proffer on the award of compensation. The respondent proffered an award of $70,000.00 for pain and suffering and $1,046.93 to satisfy a Medicaid lien, representing full satisfaction of any claim the State of Illinois might have for Medicaid payments made to Ms.
Whirley. Ms.
Whirley agreed with the proffered award. Chief Special Master Dorsey issued a decision awarding Ms.
Whirley a total of $71,047.00, consisting of a lump sum of $70,000.00 payable to Ms. Whirley and a lump sum of $1,046.93 payable to Ms.
Whirley and Optum to satisfy the Illinois Medicaid lien. On March 8, 2016, Ms.
Whirley filed a motion for attorneys' fees and costs, requesting $14,077.00 in fees and $1,687.30 in costs, for a total of $15,764.30. The respondent did not object to this motion.
On March 17, 2016, Chief Special Master Dorsey granted the motion, awarding $15,764.30 as a lump sum payable jointly to Ms. Whirley and her counsel, Muller Brazil, LLP.
The attorneys for the petitioner were Paul R. Brazil and Muller Brazil, LLP.
The attorney for the respondent was Debra A. Filteau Begley.
The Special Master was Nora Beth Dorsey.
Theory of causation
Petitioner Susanne Whirley alleged that an influenza vaccine administered on October 3, 2014, caused a left shoulder injury. The respondent conceded that the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that petitioner met the statutory requirements, including suffering the condition for more than six months. The case was processed through the Special Processing Unit. The public decision does not describe the specific medical onset, symptoms, diagnostic tests, treatments, or expert testimony. The theory of causation relied upon was a Table-related injury (SIRVA). Petitioner was awarded $70,000.00 for pain and suffering and $1,046.93 for a Medicaid lien, totaling $71,047.00. Attorneys' fees and costs of $15,764.30 were awarded to petitioner's counsel, Muller Brazil, LLP. The decision on entitlement was issued on January 28, 2016, the damages decision on February 18, 2016, and the attorneys' fees decision on March 17, 2016, all by Chief Special Master Nora Beth Dorsey. Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP, and respondent's counsel was Debra A. Filteau Begley.