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

Filed 2016-12-16Decided 2017-04-25Vaccine Influenza
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

Kerry Lanigan filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 14, 2014. The case was assigned to the Special Processing Unit.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 15, 2016, conceding that the petitioner is entitled to compensation. The respondent concluded that the petitioner's left shoulder injury was consistent with SIRVA and was caused in fact by the flu vaccine administered on October 14, 2014.

The respondent also agreed that the petitioner met the statutory requirements for entitlement to compensation. Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey found that Kerry Lanigan is entitled to compensation.

The ruling on entitlement was issued on April 25, 2017. The case was granted entitlement, pending a decision on damages.

Petitioner was represented by Jeffrey Pop of Jeffrey S. Pop & Associates, and respondent was represented by Ann Martin of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Theory of causation

Petitioner Kerry Lanigan alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 14, 2014. The respondent conceded that the injury was consistent with SIRVA and was caused in fact by the vaccine. The case was decided based on this concession, falling under the "Table" category for causation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 25, 2017, granting compensation pending damages. Petitioner was represented by Jeffrey Pop, and respondent by Ann Martin.

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