Jane Newman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
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.