Gerry Ramey v. HHS - Influenza, left shoulder injury (2016)

Gerry Ramey filed a petition for compensation on December 29, 2015, alleging a left shoulder injury as a result of an influenza vaccination received on October 1, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report 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.

The respondent further agreed that no other cause of the petitioner's injury had been identified and that the petitioner met the statutory requirements for entitlement under the National Vaccine Injury Compensation Program. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 28, 2016, finding Gerry Ramey entitled to compensation.

Subsequently, on February 11, 2016, the respondent filed a proffer on award of compensation, agreeing to an award of $125,000.00, which represented all elements of compensation available under the Vaccine Act. The petitioner agreed with this proffered award.

On May 6, 2016, Chief Special Master Dorsey issued a decision awarding Gerry Ramey a lump sum payment of $125,000.00, payable by check to the petitioner. The decision noted that attorneys' fees and costs were to be discussed separately.

Maximillian Muller of Muller Brazil, LLP, represented the petitioner, and Darryl Wishard from the U.S. Department of Justice represented the respondent.