Mary Phy v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Mary Phy filed a petition for compensation on June 30, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 18, 2014. The respondent filed a Rule 4(c) report on September 17, 2015, conceding that Ms.
Phy's injury was consistent with SIRVA and was caused-in-fact by the vaccination, agreeing that she met all legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 18, 2015, finding Ms.
Phy entitled to compensation. Subsequently, on December 22, 2015, the respondent filed a proffer recommending an award of $135,000.00, representing compensation for all damages available under the Act.
Ms. Phy, identified as a competent adult, agreed with this proffered amount.
On May 2, 2016, Chief Special Master Dorsey awarded Ms. Phy a lump sum payment of $135,000.00, payable by check to Ms.
Phy. Petitioner was represented by Paul R.
Brazil of Muller Brazil, LLP, and respondent was represented by Lara Ann Englund of the U.S. Department of Justice.
Theory of causation
Petitioner Mary Phy alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 18, 2014. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA and was caused-in-fact by the vaccination. The public decision does not describe the specific mechanism of injury, expert testimony, or the onset of symptoms. A ruling on entitlement was issued on September 18, 2015, by Chief Special Master Nora Beth Dorsey. On December 22, 2015, respondent filed a proffer recommending an award of $135,000.00, which petitioner agreed to. On May 2, 2016, Chief Special Master Dorsey awarded petitioner a lump sum of $135,000.00, representing compensation for all damages under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Paul Brazil (Muller Brazil, LLP), and respondent was represented by Lara A. Englund (U.S. Department of Justice).
Source PDFs
USCOURTS-cofc-1_15-vv-00682