Karen Ryf v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Karen Ryf filed a petition for compensation on March 26, 2015, alleging that she suffered injuries causally related to an influenza vaccine she received in her left deltoid on October 29, 2013. The alleged injury was Shoulder Injury Related to Vaccine Administration (SIRVA).
A ruling on entitlement was issued on June 5, 2015, finding Ms. Ryf entitled to compensation.
Subsequently, the parties reached a stipulation. Respondent filed a proffer on award of compensation on April 19, 2016, proposing an award of $15,479.90 for past and future lost earnings, $125,000.00 for projected and actual pain and suffering, and $1,144.50 for past unreimbursable expenses, totaling $141,624.40.
Ms. Ryf agreed with this proffered award.
Chief Special Master Nora Beth Dorsey issued a decision on May 27, 2016, awarding the total sum of $141,624.40, payable as a lump sum check to Karen Ryf. This award represented compensation for all damages available under the Vaccine Act.
Petitioner was represented by Diana Sedar of Maglio, Christopher and Toale, PA, and respondent was represented by Sarah Duncan of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments undertaken.
Theory of causation
Karen Ryf received an influenza vaccine on October 29, 2013, and subsequently filed a petition alleging injury. The alleged injury was Shoulder Injury Related to Vaccine Administration (SIRVA). A ruling on entitlement was issued on June 5, 2015, finding petitioner entitled to compensation. The parties stipulated to an award. Respondent filed a proffer on April 19, 2016, proposing an award of $15,479.90 for lost earnings, $125,000.00 for pain and suffering, and $1,144.50 for unreimbursable expenses, totaling $141,624.40. Petitioner agreed with the proffered award. Chief Special Master Nora Beth Dorsey issued a decision on May 27, 2016, awarding the total sum of $141,624.40. The theory of causation is based on the "Table" of the National Vaccine Injury Compensation Program. The public text does not name specific medical experts or detail the mechanism of injury beyond the general category of SIRVA.
Source PDFs
USCOURTS-cofc-1_15-vv-00313