Crisanne Hitler v. HHS - Influenza, shoulder injury related to vaccine administration (2016)

Filed 2016-06-28Decided 2016-12-06Vaccine Influenza
compensated$125,000

Case summary [AI summaries can sometimes make mistakes]

On June 28, 2016, Crisanne Hitler filed a Vaccine Program petition alleging that an influenza vaccine administered in her right shoulder caused a shoulder injury related to vaccine administration, or SIRVA. The available public entitlement and damages documents do not state the vaccination date or describe a detailed clinical course, but they do identify the injury as a right-shoulder SIRVA and show that the matter proceeded in the Special Processing Unit.

Respondent conceded entitlement in a Rule 4(c) report filed October 31, 2016. The report stated that Hitler's alleged injury was consistent with SIRVA and that she had satisfied the legal prerequisites for compensation under the Vaccine Act.

Chief Special Master Nora Beth Dorsey accepted the concession and found Hitler entitled to compensation on November 1, 2016. Respondent then filed a damages proffer on December 5, 2016, representing that Hitler agreed to the proposed award.

On December 6, 2016, Chief Special Master Dorsey awarded a lump sum payment of $125,000.00, payable to Crisanne Hitler, for all damages available under section 15(a). The proffer stated that Hitler was a competent adult and that no guardianship evidence was required.

She was represented by Maximillian Muller of Muller Brazil, LLP.

Theory of causation

Influenza vaccine administered in the right shoulder (date not stated in the available public ruling/proffer) causing shoulder injury related to vaccine administration (SIRVA). COMPENSATED. Respondent conceded in a Rule 4(c) report that the alleged injury was consistent with SIRVA and that legal prerequisites were satisfied. Entitlement granted by Chief Special Master Nora Beth Dorsey on November 1, 2016; damages awarded December 6, 2016. Award: $125,000.00 lump sum payable to Crisanne Hitler for all section 15(a) damages. Attorney: Maximillian Muller, Muller Brazil, LLP, Dresher, PA.

Source PDFs 3 total · 2 downloaded