Jennifer Wolf-Lecy v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Jennifer Wolf-Lecy filed a petition for compensation on March 30, 2016, alleging that her influenza vaccine administered on September 18, 2013, caused a left shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.
In a Rule 4(c) Report filed on July 8, 2016, the respondent conceded that Ms. Wolf-Lecy's injury was consistent with SIRVA and was caused-in-fact by the vaccination.
The respondent also stated that no other causes for the injury were identified and that the medical records demonstrated the injury and its sequela persisted for more than six months post-vaccination. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 8, 2016, finding Ms.
Wolf-Lecy entitled to compensation. Subsequently, on September 19, 2016, Chief Special Master Dorsey issued a decision awarding damages.
The respondent had filed a proffer on July 8, 2016, suggesting an award of $92,500.00, with the petitioner agreeing to this amount. The decision stated that the petitioner was entitled to an award as stated in the proffer.
Ms. Wolf-Lecy was awarded a lump sum payment of $92,500.00, payable by check to her, representing compensation for all available damages.
Petitioner was represented by John R. Howie, Jr. of Howie Law, P.C., and respondent was represented by Amy P.
Kokot of the U.S. Department of Justice.
Theory of causation
Petitioner Jennifer Wolf-Lecy alleged that an influenza vaccine administered on September 18, 2013, caused a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA, caused-in-fact by the vaccination, with no other identified causes, and that the injury persisted for more than six months. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. The parties stipulated to damages, and Chief Special Master Nora Beth Dorsey awarded petitioner $92,500.00 as a lump sum. Petitioner was represented by John R. Howie, Jr., and respondent by Amy P. Kokot.
Source PDFs
USCOURTS-cofc-1_16-vv-00406