Jennaah Qutub v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2014)
Case summary [AI summaries can sometimes make mistakes]
On June 20, 2012, Petitioner Jennah Qutub filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccination administered on January 25, 2011, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Proffer on Award of Compensation on September 9, 2014, stating that based on the evidence of record, Petitioner should be awarded $206,652.15, and Petitioner agreed to this amount.
Special Master Lisa Hamilton-Fieldman reviewed the proffer, found it reasonable, and adopted it as the decision of the Court. Petitioner was awarded a lump sum of $206,652.15.
This amount represented the discounted present value of projected unreimbursable medical expenses ($10,111.08), past lost earnings ($42,528.00), pain and suffering ($153,792.00), and past unreimbursable expenses ($221.07). The parties agreed that it was unlikely Petitioner's vaccine-related injury would impact her future employment, so no award for future lost earnings was made.
There were no outstanding Medicaid liens. Petitioner was represented by Clifford J.
Shoemaker of Shoemaker and Associates. Respondent was represented by Lisa A.
Watts of the U.S. Department of Justice.
The decision was issued on October 1, 2014.
Theory of causation
Petitioner Jennah Qutub alleged that an influenza vaccination on January 25, 2011, caused a shoulder injury related to vaccine administration (SIRVA). The parties reached a stipulation through a Proffer on Award of Compensation filed on September 9, 2014. Respondent agreed to compensate Petitioner based on the evidence of record. Special Master Lisa Hamilton-Fieldman adopted the proffer as the decision of the Court on October 1, 2014. The award totaled $206,652.15, comprising projected unreimbursable medical expenses ($10,111.08), past lost earnings ($42,528.00), pain and suffering ($153,792.00), and past unreimbursable expenses ($221.07). Future lost earnings were not awarded as the injury was deemed unlikely to impact future employment. Petitioner was represented by Clifford J. Shoemaker, and Respondent by Lisa A. Watts.
Source PDFs
USCOURTS-cofc-1_12-vv-00397