Jessica Crefasi v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Jessica Crefasi, a 25-year-old adult, filed a petition for compensation on February 23, 2015, alleging that an influenza vaccine administered on September 25, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a report conceding that petitioner's injury was consistent with SIRVA and was caused-in-fact by the vaccination.
The respondent stated that the petitioner had satisfied all legal prerequisites for compensation under the National Vaccine Injury Compensation Program. Chief Special Master Denise Kathryn Vowell found that the petitioner was entitled to compensation.
The parties stipulated to an award of $50,000.00 for all damages, which was awarded by Chief Special Master Vowell on August 12, 2015. The decision does not detail the specific symptoms, medical tests, or treatments beyond noting ongoing left shoulder pain, mild shoulder impingement, a positive sulcus sign, and a possible labral tear, with treatments including medication, physical therapy, and discussions of injections.
The medical records mention Dr. William Rolfsen, Dr.
Ricardo Rodriguez, Dr. Linda Lebourgeois, and Dr.
Jason Rolling as treating physicians, and a physical therapist at Women's Hospital Therapy Center. On December 15, 2015, the parties filed a stipulation for attorney's fees and costs.
Chief Special Master Nora Beth Dorsey awarded $15,500.00 for attorney's fees and costs on April 27, 2016, jointly payable to the petitioner and her counsel, David J. Schexnaydre of Schexnaydre Law Firm.
The total compensation awarded to Jessica Crefasi was $65,500.00.
Theory of causation
Jessica Crefasi, age 25, received an influenza vaccine on September 25, 2013, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the vaccination. The case proceeded as an off-Table claim. The medical records describe persistent left shoulder pain, mild impingement, a positive sulcus sign, and a possible labral tear, with treatments including medication and physical therapy. The respondent's medical personnel reviewed the petition and records and concluded that compensation was appropriate, finding no other causes for the SIRVA. Petitioner was awarded $50,000.00 for all damages on August 12, 2015, by Chief Special Master Denise Kathryn Vowell, and an additional $15,500.00 for attorney's fees and costs on April 27, 2016, by Chief Special Master Nora Beth Dorsey. Petitioner was represented by David J. Schexnaydre, and respondent was represented by Althea Davis.
Source PDFs
USCOURTS-cofc-1_15-vv-00166