Ariel Ahram v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Ariel Ahram filed a petition on January 22, 2015, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered from a shoulder injury related to vaccine administration (SIRVA) in her left shoulder as a result of receiving the influenza vaccine on November 3, 2011.
The respondent, through the Division of Vaccine Injury Compensation, Department of Health and Human Services, reviewed the facts of the case and conceded that Petitioner's claim was compensable. The respondent stated that Petitioner's injury was consistent with SIRVA and that she met the statutory requirements for entitlement to compensation.
Based on the record and the respondent's concession, Petitioner satisfied all legal prerequisites for compensation. On January 22, 2015, the respondent filed a proffer recommending a specific award of compensation.
Special Master Brian H. Corcoran reviewed the file and found the respondent's proffer to be reasonable, adopting it as the decision in awarding damages.
The proffer awarded Petitioner a lump sum of $96,250.00, payable to Ariel Ahram, which accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a). Special Master Corcoran found that Petitioner was entitled to compensation for an injury that was caused-in-fact by a covered vaccine.
The decision was issued by Special Master Brian H. Corcoran on February 20, 2015.
Petitioner was represented by Isaiah Kalinowski of Maglio Christopher and Toale, PA, and the respondent was represented by Michael Milmoe of the U.S. Department of Justice.
Theory of causation
Petitioner Ariel Ahram alleged a shoulder injury related to vaccine administration (SIRVA) in her left shoulder after receiving an influenza vaccine on November 3, 2011. The respondent conceded entitlement, stating the injury was consistent with SIRVA and met statutory requirements. The case was resolved via proffer. Special Master Brian H. Corcoran adopted the respondent's proffer, finding entitlement and awarding $96,250.00 as a lump sum. The award accounts for all elements of compensation under 42 U.S.C. § 300aa-15(a). The decision was issued on February 20, 2015. Petitioner counsel was Isaiah Kalinowski; respondent counsel was Michael Milmoe. The theory of causation is considered off-Table, with the respondent conceding the injury was caused-in-fact by the vaccine.
Source PDFs
USCOURTS-cofc-1_13-vv-01004