Nadara Shives v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2015)

Filed 2015-03-23Decided 2015-10-20Vaccine Influenza
compensated$120,000

Case summary [AI summaries can sometimes make mistakes]

Nadara Shives filed a petition on March 23, 2015, alleging that an influenza vaccination on September 20, 2013, caused her to suffer a right shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.

Respondent filed a Rule 4(c) report on June 11, 2015, conceding that the petitioner was entitled to compensation. Respondent concluded that the evidence established the petitioner's injury was consistent with SIRVA and was not due to factors unrelated to the vaccination, finding the injury compensable as a "caused-in-fact" injury under the Vaccine Act.

On June 12, 2015, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement, finding Nadara Shives entitled to compensation based on respondent's concession and the evidence. Subsequently, on September 16, 2015, respondent filed a proffer on award of compensation, detailing a total lump sum of $120,000.00 for all elements of compensation.

Petitioner agreed to this award. On October 20, 2015, Special Master Vowell issued a decision awarding Nadara Shives $120,000.00 as a lump sum payment in the form of a check payable to petitioner.

Petitioner's counsel was Lauren E. Faga of Conway Homer & Chin-Caplan, P.C.

Respondent's counsel was Glenn A. MacLeod of the U.S.

Department of Justice.

Theory of causation

Petitioner Nadara Shives alleged that an influenza vaccine administered on September 20, 2013, caused a right shoulder injury related to vaccine administration (SIRVA). Respondent conceded that the injury was consistent with SIRVA and causally related to the vaccination, finding it compensable under the Vaccine Act. The Special Master, Denise Kathryn Vowell, issued a ruling on entitlement on July 8, 2015, finding petitioner entitled to compensation. A subsequent decision on October 20, 2015, awarded petitioner a lump sum of $120,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). The theory of causation was "Off-Table" as SIRVA is not specifically listed on the Vaccine Injury Table. Petitioner was represented by Lauren E. Faga, and respondent was represented by Glenn A. MacLeod.

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