Jane Newman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
On September 23, 2016, Jane Newman filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 4, 2013. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 29, 2016, conceding that the petitioner's injury was consistent with SIRVA and that all legal prerequisites for compensation under the Vaccine Act had been satisfied.
Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 1, 2016, finding Jane Newman entitled to compensation. Subsequently, on July 17, 2017, the respondent filed a proffer on award of compensation, recommending an award of $614,670.88, which the petitioner agreed to.
The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Chief Special Master Dorsey issued a decision awarding damages on July 18, 2017, granting Jane Newman a lump sum payment of $614,670.88 as compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Petitioner was represented by Ronald Homer of Conway, Homer & Chin-Caplan, P.C., and later Ronald Craig Homer of Conway, Homer, P.C. Respondent was represented by Darryl Wishard of the U.S.
Department of Justice. The award was made in the form of a check payable to Jane Newman.
Theory of causation
Petitioner Jane Newman received an influenza vaccination on November 4, 2013. She alleged a shoulder injury related to vaccine administration (SIRVA). The respondent conceded causation-in-fact for SIRVA in a Rule 4(c) report filed November 29, 2016. A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on December 1, 2016, finding petitioner entitled to compensation. The theory of causation is based on the "Table" of the Vaccine Injury Table, specifically SIRVA. No specific medical experts were named in the public text. The parties stipulated to an award of $614,670.88, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), paid as a lump sum. The damages decision was issued by Chief Special Master Dorsey on July 18, 2017. Petitioner's counsel was Ronald Homer and respondent's counsel was Darryl Wishard.