Marni Shapin v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
On February 12, 2016, Marni Shapin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that her influenza vaccination on October 22, 2014, caused a left shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.
On May 27, 2016, the respondent filed a Rule 4(c) report conceding that Ms. Shapin's injury was consistent with SIRVA and causally related to the flu vaccine.
The respondent also agreed that the injury persisted for more than six months and that Ms. Shapin had met all legal prerequisites for compensation.
Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 31, 2016, finding Ms. Shapin entitled to compensation.
Subsequently, on September 6, 2016, the parties submitted a stipulation and proffer regarding the award of compensation. The respondent's proffer indicated that Ms.
Shapin should be awarded $120,000.00, representing all elements of compensation, and Ms. Shapin agreed to this amount.
Chief Special Master Dorsey issued a decision on November 2, 2016, awarding Ms. Shapin a lump sum payment of $120,000.00, payable by check to Marni Shapin, as compensation for all damages available under the Vaccine Act.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Petitioner was represented by Amber Diane Wilson of Maglio Christopher and Toale, and respondent was represented by Glenn A.
MacLeod of the U.S. Department of Justice.
Theory of causation
Petitioner Marni Shapin received an influenza vaccine on October 22, 2014. She alleged a left shoulder injury related to vaccine administration (SIRVA) caused by the vaccine. The respondent conceded that the injury was consistent with SIRVA and causally related to the flu vaccine, and that it persisted for more than six months. The case proceeded to an award based on a stipulation. The respondent's proffer, agreed to by the petitioner, recommended an award of $120,000.00 for all elements of compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 31, 2016, finding petitioner entitled to compensation based on the concession. A decision awarding damages was issued on November 2, 2016, granting a lump sum payment of $120,000.00. The theory of causation was based on the respondent's concession that the injury was consistent with SIRVA and caused-in-fact by the vaccine, aligning with the "Table" category for SIRVA injuries. The public text does not detail specific medical experts, clinical findings, or the mechanism of injury beyond the general description of SIRVA.
Source PDFs
USCOURTS-cofc-1_16-vv-00214