Vincent J. Christiancy v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Vincent J. Christiancy filed a petition on December 24, 2014, alleging that he suffered a shoulder injury, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), caused by the trivalent influenza vaccine he received on October 16, 2013.
The respondent, represented by Lara Englund of the U.S. Department of Justice, filed a Rule 4(c) report conceding that Mr.
Christiancy's alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccination. The respondent also agreed that the injury lasted for more than six months and no other cause was identified.
Based on this concession, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement on March 31, 2015, finding Mr. Christiancy entitled to compensation.
Subsequently, on May 2, 2016, the parties submitted a proffer on the award of compensation. Chief Special Master Nora Beth Dorsey, with petitioner represented by Matthew N.
Menzer of Menzer Law Firm, PLLC, issued a decision on May 31, 2016, awarding Mr. Christiancy a lump sum payment of $432,125.90.
This amount represents compensation for all damages available under the Vaccine Act. The petitioner was noted to be a competent adult.
Theory of causation
Petitioner Vincent J. Christiancy received a trivalent influenza vaccine on October 16, 2013, and subsequently developed Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA, was caused-in-fact by the vaccination, lasted more than six months, and no other cause was identified. The case proceeded on concession, and entitlement was granted by Chief Special Master Denise Kathryn Vowell on March 31, 2015. A subsequent proffer on award of compensation was filed by respondent, with petitioner represented by Matthew N. Menzer and respondent by Lara Englund. Chief Special Master Nora Beth Dorsey awarded petitioner $432,125.90 as a lump sum payment on May 31, 2016, representing all damages under 42 U.S.C. § 300aa-15(a). The specific mechanism of injury and expert testimony were not detailed in the provided public text, but the concession by the respondent established causation for an off-Table injury.
Source PDFs
USCOURTS-cofc-1_14-vv-01235