Jean De Bary v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Jean De Bary filed a petition for compensation under the National Vaccine Injury Compensation Program on August 29, 2016, alleging that she suffered an injury to her left shoulder as a result of an influenza ("flu") vaccine she received on October 4, 2014. The condition alleged was Shoulder Injury Related to Vaccine Administration (SIRVA).
The case was assigned to the Special Processing Unit. On November 18, 2016, a ruling on entitlement was issued, finding Ms.
De Bary entitled to compensation. On June 16, 2017, the respondent filed a proffer on award of compensation, proposing an award of $80,000.00, which Ms.
De Bary agreed to. The decision dated April 30, 2018, awarded Ms.
De Bary a lump sum payment of $80,000.00, in the form of a check payable to her, for all damages. Ms.
De Bary is a competent adult. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Ilene Claire Albala of the U.S.
Department of Justice. The decision was issued by Chief Special Master Nora Beth Dorsey.
Theory of causation
Petitioner Jean De Bary alleged injury to her left shoulder, specifically Shoulder Injury Related to Vaccine Administration (SIRVA), following an influenza (flu) vaccine received on October 4, 2014. A ruling on entitlement was issued on November 18, 2016, finding petitioner entitled to compensation. Respondent filed a proffer on June 16, 2017, proposing an award of $80,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), which petitioner agreed to. The Special Master awarded a lump sum of $80,000.00 on April 30, 2018. The public decision does not describe the specific medical mechanism, expert testimony, or detailed clinical facts supporting the SIRVA diagnosis or its link to the vaccine. The theory of causation is based on the "Table" for SIRVA, as indicated by the case assignment to the Special Processing Unit and the subsequent entitlement ruling. Petitioner was represented by Ronald Craig Homer, and respondent by Ilene Claire Albala. Chief Special Master Nora Beth Dorsey issued the decision.
Source PDFs
USCOURTS-cofc-1_16-vv-01080