Katherine R. Hime v. HHS - Influenza, shoulder injury related to vaccine administration (2017)

Katherine R. Hime filed a petition for compensation under the National Vaccine Injury Compensation Program on February 2, 2016.

She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving a seasonal influenza vaccine on January 30, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 3, 2016, conceding that Ms.

Hime was entitled to compensation for her SIRVA and that she met the statutory requirement of suffering the condition for more than six months. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 4, 2016, finding Ms.

Hime entitled to compensation. Subsequently, on November 7, 2016, the respondent filed a proffer on award of compensation.

The proffer recommended a total award of $77,665.11, which included reimbursement of a State of Indiana Medicaid lien and $75,000 for all other damages. Ms.

Hime, who is a competent adult, agreed with the proffered award. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by Ms.

Hime. Chief Special Master Dorsey issued a decision on March 1, 2017, awarding damages based on the proffer.

The award consisted of a lump sum payment of $2,665.11, payable jointly to Ms. Hime and HP Enterprise Services/TPL for reimbursement of the State of Indiana Medicaid lien, with Ms.

Hime agreeing to endorse the check to the appropriate state agency. Additionally, a lump sum payment of $75,000 was awarded, payable to Ms.

Hime, representing compensation for all other damages. Petitioner's counsel was Daniel Henry Pfeifer of Pfeifer, Morgan & Stesiak.

Respondent's counsel was Michael Patrick Milmoe of the U.S. Department of Justice.

The case was handled by Chief Special Master Nora Beth Dorsey.