Beatrice Thomure v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2015)

Beatrice Thomure filed a petition for compensation under the National Vaccine Injury Compensation Program on March 30, 2015, alleging that she suffered a brachial plexus injury as a result of an influenza vaccination on October 1, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report on July 6, 2015, conceding that Ms.

Thomure was entitled to compensation. While the respondent disagreed with the petitioner's characterization of the injury as brachial plexus, they concluded, based on the preponderance of the medical evidence, that the petitioner suffered a Shoulder Injury Related to Vaccine Administration (SIRVA).

This concession was limited to SIRVA and its appropriate sequelae. On July 6, 2015, Chief Special Master Denise Kathryn Vowell issued a ruling on entitlement, finding the petitioner entitled to compensation based on the respondent's concession and the evidence presented.

Subsequently, on October 30, 2015, the respondent filed a Proffer of Damages, indicating that the petitioner should be awarded $101,454.00 for actual and projected pain and suffering, and $1,546.00 for unreimbursed expenses. The parties agreed that the petitioner's vaccine-related injury had not impaired her earning capacity, and therefore, no lost wages were awarded.

On November 23, 2015, Chief Special Master Nora Beth Dorsey issued a decision awarding damages based on this proffer. The total award was $103,000.00, consisting of a lump sum payment of $101,454.00 for pain and suffering and $1,546.00 for unreimbursed expenses.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Petitioner was represented by Ronald Homer of Conway, Homer & Chin-Caplan, P.C., and respondent was represented by Alexis Babcock of the U.S.

Department of Justice.