Jackie Evans v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Filed 2016-01-19Decided 2016-07-11Vaccine Influenza
compensated$57,647

Case summary [AI summaries can sometimes make mistakes]

Jackie Evans filed a petition for compensation under the National Vaccine Injury Compensation Program on January 19, 2016, alleging that an influenza vaccination administered on September 28, 2013, caused her to suffer from a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a report on April 18, 2016, conceding that the petitioner was entitled to compensation and that her alleged injury was consistent with SIRVA.

The respondent concluded that the petitioner had satisfied all legal prerequisites for compensation under the Act. Special Master Lisa Hamilton-Fieldman reviewed the record and, based on the respondent's concession, ruled that the petitioner was entitled to compensation.

The case then proceeded to the damages phase. On June 17, 2016, the respondent filed a Proffer on Award of Compensation, stating that the petitioner agreed with the proffered award.

Special Master Hamilton-Fieldman reviewed the proffer and found it reasonable, adopting it as the decision of the court. The award included a lump sum payment of $2,647.30, in the form of a check jointly payable to the petitioner and the Illinois Department of Healthcare and Family Services to reimburse a State of Illinois Medicaid lien.

The petitioner was to endorse this payment to the appropriate state agency. Additionally, a lump sum payment of $55,000.00 was awarded, payable solely to the petitioner, representing all other elements of compensation.

The total award amounted to $57,647.30. Petitioner's counsel was Jeffrey S.

Pop. Respondent's counsel was Douglas Ross.

The decision was issued by Special Master Lisa Hamilton-Fieldman.

Theory of causation

Petitioner Jackie Evans alleged that an influenza vaccination administered on September 28, 2013, caused a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical facts. The case proceeded to damages based on the respondent's concession. The award was determined via a Proffer on Award of Compensation filed by the respondent on June 17, 2016, and adopted by Special Master Lisa Hamilton-Fieldman on July 11, 2016. The award consisted of a $55,000.00 lump sum for the petitioner and $2,647.30 to reimburse a State of Illinois Medicaid lien, totaling $57,647.30. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Douglas Ross. The theory of causation is based on the respondent's concession and is consistent with the Vaccine Injury Table (SIRVA).

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