Becky Wiethorn v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Becky Wiethorn filed a petition for compensation under the National Vaccine Injury Compensation Program on September 29, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a consequence of a flu immunization received on or about October 17, 2016. The respondent is the Secretary of Health and Human Services.
The parties entered into a stipulation, and on October 11, 2018, a decision was issued awarding compensation. Subsequently, on October 18, 2018, Ms.
Wiethorn filed a motion for attorneys' fees and costs, requesting $12,370.50 in fees and $406.00 in costs, for a total of $12,776.50. The respondent did not contest the statutory requirements for the award and recommended that the Chief Special Master exercise her discretion to determine a reasonable award.
The Chief Special Master reviewed the billing records, found the request reasonable, and granted the motion, awarding the total requested amount of $12,776.50 as a lump sum payable jointly to the petitioner and her counsel, Jeffrey S. Pop.
The decision was issued by Chief Special Master Nora Beth Dorsey.
Theory of causation
Petitioner Becky Wiethorn alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza immunization on or about October 17, 2016. The parties entered into a stipulation, and compensation was awarded. Petitioner's counsel, Jeffrey S. Pop, filed a motion for attorneys' fees and costs totaling $12,776.50 ($12,370.50 in fees and $406.00 in costs). Respondent did not contest the statutory requirements for the award. Chief Special Master Nora Beth Dorsey reviewed the billing records, found the request reasonable, and granted the motion, awarding the full amount. The theory of causation was based on the "Table" category of vaccine injury, as indicated by the provided data fields. The decision date for the attorneys' fees and costs was December 12, 2018, following the initial compensation decision on October 11, 2018.
Source PDFs
USCOURTS-cofc-1_17-vv-01386