Shavara Perkins v. HHS - Influenza, injection related shoulder injury, including but not limited to, neuritis, bursitis, complex regional pain syndrome, reflex dystrophy syndrome, and chronic pain syndrome (2015)

Filed 2013-09-25Decided 2015-10-27Vaccine Influenza
compensated$963,846

Case summary [AI summaries can sometimes make mistakes]

Shavara Perkins filed a petition on September 25, 2013, and filed an amended petition on November 25, 2013, alleging that an influenza (flu) vaccination she received on October 5, 2010 caused her to suffer a shoulder injury related to vaccine administration (SIRVA), including neuritis, bursitis, complex regional pain syndrome, reflex dystrophy syndrome, and chronic pain syndrome. Respondent conceded that petitioner was entitled to compensation in a Rule 4(c) Report filed January 24, 2014, and Chief Special Master Vowell issued a ruling on entitlement the same day.

Special Master Gowen adopted respondent's proffer filed April 1, 2015 as the decision of the Court. Petitioner received a lump sum of $963,846.22, representing Year 1 life care expenses ($136,373.89), lost earnings ($578,584.20), pain and suffering ($220,396.24), and past unreimbursable expenses ($28,491.89), plus an annuity to cover future life care expenses.

All compensation was awarded under 42 U.S.C. § 300aa-15(a).

Theory of causation

Flu Oct 5, 2010 → SIRVA (neuritis, bursitis, CRPS, reflex dystrophy, chronic pain). Respondent conceded (Rule 4(c) Jan 24, 2014); CSM Vowell entitlement ruling same day. SM Gowen. Lump sum $963,846.22 (Y1 life care $136,373.89 + lost earnings $578,584.20 + pain/suffering $220,396.24 + past unreimbursable $28,491.89) + annuity. Counsel: Homer, Conway Homer & Chin-Caplan PC, Boston MA.

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