Catherine Fry v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)

Catherine Fry filed a petition for compensation under the National Vaccine Injury Compensation Program on June 15, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccination received on October 24, 2016. The respondent, through Camille Michelle Collett of the U.S.

Department of Justice, filed a Rule 4(c) report conceding that the alleged injury was consistent with SIRVA and was caused in fact by the influenza vaccine. The respondent further agreed that Ms.

Fry had satisfied all legal prerequisites for compensation. On April 3, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms.

Fry entitled to compensation. Subsequently, on November 5, 2018, the respondent filed a proffer agreeing to an award of $75,500.45.

Ms. Fry, represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, agreed with this proffered award, which represented compensation for all damages available under the Act. Chief Special Master Dorsey issued a decision awarding Ms.

Fry a lump sum payment of $75,500.45 on November 8, 2018. The award was to be paid by check to Catherine Fry and represented compensation for all elements of compensation under 42 U.S.C. § 300aa-15(a).

The decision noted that attorneys' fees and litigation costs would be determined at a later date upon submission of substantiating documentation.