Pansy Downs v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2015)

Pansy Downs filed a petition for compensation under the National Vaccine Injury Compensation Program on August 13, 2014, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on October 10, 2011. The respondent, the Secretary of Health and Human Services, initially indicated a desire to concede entitlement on November 7, 2014, and subsequently filed a status report on November 24, 2014, formally conceding entitlement to compensation for her SIRVA injury.

Chief Special Master Denise Kathryn Vowell issued a Ruling on Entitlement on December 1, 2014, finding that petitioner was entitled to compensation based on the respondent's concession and the evidence presented. The case then proceeded to the damages phase.

On October 5, 2015, the respondent filed a proffer recommending an award of $125,000.00, stating this amount represented all elements of compensation under the Vaccine Act. Petitioner agreed to this amount.

On November 16, 2015, Chief Special Master Nora Beth Dorsey issued a decision awarding Pansy Downs a lump sum payment of $125,000.00, payable by check to petitioner. This award accounted for all elements of compensation under 42 U.S.C. § 300aa-15(a).

Ronald Craig Homer of Conway, Homer & Chin-Caplan represented the petitioner, and Michael Patrick Milmoe of the U.S. Department of Justice represented the respondent.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The public text does not name any specific medical experts.