Loren Neddeau v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2016)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Loren Neddeau filed a petition on January 14, 2016, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she developed Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccine on October 6, 2012.
The respondent, the Secretary of Health and Human Services, reviewed the case and, in its Rule 4(c) Report, conceded that the petitioner's alleged injury was consistent with SIRVA and was caused in fact by the flu vaccine administered on October 6, 2012. The respondent further noted that no other causes for the SIRVA were identified and that the petitioner's injury resulted in sequelae lasting more than six months.
Based on the respondent's concession and a review of the record, Special Master Brian H. Corcoran found that Ms.
Neddeau is entitled to compensation for an injury caused by a covered vaccine. A separate order for damages was to be issued.
Petitioner was represented by Stephen M. Reck, and respondent was represented by Gordon Shemin.
The decision was issued on February 4, 2016.
Theory of causation
Petitioner Loren Neddeau alleged SIRVA after an influenza vaccine on October 6, 2012. Respondent conceded the injury was consistent with SIRVA, caused in fact by the vaccine, and that no other causes were identified, with sequelae lasting over six months. The Special Master, Brian H. Corcoran, found entitlement based on this concession. The theory of causation was "Off-Table." Petitioner counsel was Stephen M. Reck, and respondent counsel was Gordon Shemin. The decision date was February 4, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-01092