Sarah Etheridge-Criswell v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Sarah Etheridge-Criswell filed a petition for compensation on June 2, 2016, alleging she suffered an injury to her left shoulder as a result of an influenza vaccine administered on December 14, 2014. The case was assigned to the Special Processing Unit.
On October 17, 2016, the respondent filed a report conceding that the petitioner was entitled to compensation. The respondent concluded that the petitioner's injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that the residual effects of the condition lasted for more than six months.
Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 18, 2016, finding the petitioner entitled to compensation. Subsequently, on March 13, 2017, the respondent filed a proffer on the award of compensation, recommending an award of $120,000.00, representing all elements of compensation.
The petitioner agreed with this proffered award. On September 29, 2017, Chief Special Master Dorsey issued a decision awarding damages, granting a lump sum payment of $120,000.00, payable by check to Sarah Etheridge-Criswell.
Petitioner was represented by Danielle A. Strait of Maglio Christopher and Toale, PA, and respondent was represented by Ilene C.
Albala of the U.S. Department of Justice.
Theory of causation
Petitioner Sarah Etheridge-Criswell alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on December 14, 2014. The respondent conceded entitlement, finding the injury consistent with SIRVA and that residual effects lasted more than six months. The theory of causation is based on the Vaccine Injury Table. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 18, 2016, based on the respondent's concession. A subsequent decision on September 29, 2017, awarded a lump sum of $120,000.00 to the petitioner, representing all elements of compensation, as agreed upon in a proffer filed by the respondent on March 13, 2017. Petitioner was represented by Danielle A. Strait, and respondent by Ilene C. Albala.
Source PDFs
USCOURTS-cofc-1_16-vv-00652