Sara Faley v. HHS - Influenza, shoulder injury related to vaccine administration (2017)
Case summary [AI summaries can sometimes make mistakes]
Sara Faley filed a petition for compensation under the National Vaccine Injury Compensation Program on August 10, 2016, alleging that she suffered injuries, including a shoulder injury related to vaccine administration (SIRVA), as a result of an influenza vaccine administered to her left shoulder on October 30, 2015. The case was assigned to the Special Processing Unit.
Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 5, 2017, conceding that petitioner's alleged injury was consistent with SIRVA and that she met the statutory requirements for compensation, including having the condition for more than six months. Based on respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on January 5, 2017, finding Sara Faley entitled to compensation.
Subsequently, on April 17, 2017, respondent filed a proffer on the award of compensation, recommending an award of $140,000.00. Petitioner agreed to this amount.
In a decision dated December 8, 2017, Chief Special Master Dorsey awarded Sara Faley a lump sum payment of $140,000.00, payable by check to petitioner, representing compensation for all available damages under the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Ilene Claire Albala.
The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.
Theory of causation
Petitioner Sara Faley received an influenza vaccine on October 30, 2015, and subsequently alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the alleged injury was consistent with SIRVA and that petitioner met the statutory requirements for compensation. The theory of causation relied upon was the "Table" category for SIRVA. No specific medical experts were named in the public text. The outcome was a compensated award of $140,000.00, representing all available damages, awarded as a lump sum payment. The decision on entitlement was issued by Chief Special Master Nora Beth Dorsey on January 5, 2017, and the final decision awarding damages was issued on December 8, 2017. Petitioner's counsel was Leah V. Durant, and respondent's counsel was Ilene C. Albala.
Source PDFs
USCOURTS-cofc-1_16-vv-00982