Rachel Faucher v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)
Case summary [AI summaries can sometimes make mistakes]
Rachel Faucher, a 56-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by the influenza vaccine she received on September 11, 2013.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 12, 2015, conceding that Ms. Faucher was entitled to compensation.
The respondent concluded that Ms. Faucher suffered a non-Table injury of SIRVA, that the injury was causally related to the flu vaccination, and that the injury lasted for more than six months and was not due to unrelated factors.
Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement based on the respondent's concession. Subsequently, on September 24, 2015, the respondent filed a proffer on award of compensation.
Chief Special Master Nora Beth Dorsey issued a decision on October 20, 2015, awarding Ms. Faucher compensation based on this proffer.
The award included a lump sum payment of $394,670.96 and an amount sufficient to purchase an annuity contract for future care. The lump sum covered health insurance, home services, home modifications for the first year, lost earnings (past and future), past unreimbursed expenses, and pain and suffering.
The annuity contract was to provide for ongoing health insurance, home services, and home modifications for the remainder of Ms. Faucher's life, with specified growth rates for medical and non-medical items.
The total lump sum of $394,670.96 was composed of $11,480.00 for first-year health insurance, home services, and home modifications; $235,419.29 for lost earnings; $2,771.67 for past unreimbursed expenses; and $145,000.00 for pain and suffering. The public decision does not describe the specific onset of symptoms, medical tests, or treatments.
Petitioner was represented by Ronald Homer, Esq., and respondent was represented by Claudia Gangi, Esq. The case was assigned to the Special Processing Unit.
Theory of causation
Petitioner Rachel Faucher, age 56, received an influenza vaccine on September 11, 2013, and subsequently alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, concluding that petitioner suffered a non-Table injury of SIRVA causally related to the vaccination, which lasted more than six months and was not due to unrelated factors. The public text does not detail the specific mechanism of injury, medical experts, or diagnostic findings. The case proceeded to a damages decision based on a stipulation/proffer. Chief Special Master Denise Kathryn Vowell ruled on entitlement, and Chief Special Master Nora Beth Dorsey issued the damages decision on October 20, 2015. The award included a lump sum of $394,670.96 and an amount for an annuity. The lump sum comprised $11,480.00 for first-year health insurance, home services, and home modifications; $235,419.29 for lost earnings; $2,771.67 for past unreimbursed expenses; and $145,000.00 for pain and suffering. Annuity payments were to cover future health insurance, home services, and home modifications, with specified growth rates. Petitioner was represented by Ronald Homer, Esq., and respondent by Claudia Gangi, Esq.
Source PDFs
USCOURTS-cofc-1_15-vv-00034