Alexandria Skeens v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
Alexandria Skeens filed a petition for compensation under the National Vaccine Injury Compensation Program on April 4, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 15, 2014. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 16, 2016, conceding that Ms.
Skeens' alleged injury was consistent with SIRVA and that compensation was appropriate. The respondent indicated that Ms.
Skeens met the statutory requirements for compensation, including suffering the condition for more than six months and having no alternative cause for the injury. On June 21, 2016, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms.
Skeens entitled to compensation based on the respondent's concession and the evidence. Subsequently, on August 24, 2016, the respondent filed a proffer recommending an award of $90,000.00, stating that Ms.
Skeens agreed with this amount. The decision awarding damages, issued by Chief Special Master Dorsey on November 2, 2016, granted Alexandria Skeens a lump sum payment of $90,000.00, payable by check to Ms.
Skeens. This amount was stated to represent compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Petitioner was represented by Maximillian Muller of Muller Brazil LLP, and respondent was represented by Claudia Gangi of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.
Theory of causation
Petitioner Alexandria Skeens alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 15, 2014. The respondent conceded that the injury was consistent with SIRVA and that compensation was appropriate, finding that petitioner met the statutory requirements, including the injury persisting for more than six months and having no alternative cause. The case proceeded to a ruling on entitlement on June 21, 2016, by Chief Special Master Nora Beth Dorsey, who found petitioner entitled to compensation. A subsequent proffer on award of compensation, filed on August 24, 2016, recommended an award of $90,000.00, which petitioner agreed to. Chief Special Master Dorsey issued a decision awarding damages on November 2, 2016, granting a lump sum payment of $90,000.00 to petitioner. The theory of causation relied on the "Table" for SIRVA, as the respondent conceded the injury was consistent with this vaccine administration event. No specific medical experts were named in the provided text. Petitioner was represented by Maximillian Muller (Muller Brazil LLP), and respondent was represented by Claudia Gangi (U.S. Department of Justice).
Source PDFs
USCOURTS-cofc-1_16-vv-00423