Diane C. Perl v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2017)
Case summary [AI summaries can sometimes make mistakes]
Diane C. Perl filed a petition for compensation under the National Vaccine Injury Compensation Program on December 7, 2015, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine received on October 9, 2013.
The case was assigned to the Special Processing Unit. On October 3, 2016, the respondent filed a Rule 4(c) report conceding that Ms.
Perl was entitled to compensation. The respondent concluded that Ms.
Perl's alleged injury was consistent with SIRVA and was caused-in-fact by the flu vaccination administered on October 9, 2013. The respondent also agreed that Ms.
Perl had satisfied all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 4, 2016, finding Ms.
Perl entitled to compensation. Subsequently, on January 10, 2017, Chief Special Master Dorsey issued a decision awarding damages.
The decision was based on a proffer agreed to by both parties. The respondent had indicated in the proffer that Ms.
Perl should be awarded $100,000.00, and that Ms. Perl agreed with this proffered award.
The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case. Chief Special Master Dorsey awarded Ms.
Perl a lump sum payment of $100,000.00, payable by check to Diane C. Perl, representing compensation for all damages available under the Vaccine Act.
Matthew F. Belanger of Faraci Lange, LLP represented the petitioner, and Robert Paul Coleman, III of the U.S.
Department of Justice represented the respondent. The Special Master was Nora Beth Dorsey.
Theory of causation
Petitioner Diane C. Perl received an influenza vaccine on October 9, 2013. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the vaccination. The public text does not describe the specific mechanism of injury, expert testimony, or the medical details of the condition. The case resulted in a compensated outcome. On October 4, 2016, Chief Special Master Nora Beth Dorsey ruled on entitlement, finding Ms. Perl entitled to compensation based on the respondent's concession. On January 10, 2017, Chief Special Master Dorsey issued a decision awarding a lump sum of $100,000.00 based on a proffer agreed to by both parties. Petitioner was represented by Matthew F. Belanger (Faraci Lange, LLP) and respondent by Robert Paul Coleman, III (U.S. Department of Justice).