Betsy Le v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
On September 30, 2016, Betsy Le filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on October 4, 2013, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The case was assigned to the Special Processing Unit.
On March 20, 2018, a ruling on entitlement was issued, finding Ms. Le entitled to compensation.
Subsequently, on March 30, 2018, the respondent filed a proffer on the award of compensation, indicating that Ms. Le should be awarded $79,521.12.
This amount represented $75,000.00 for pain and suffering and $4,521.12 for past unreimbursable expenses. The respondent stated that Ms.
Le agreed with the proffered award. Chief Special Master Nora Beth Dorsey reviewed the record and awarded Ms.
Le a lump sum payment of $79,521.12, payable by check to Ms. Le.
This award represented compensation for all damages available under the Vaccine Act. Petitioner's counsel was Anh Van Tran of Mathis & Donheiser, and respondent's counsel was Jennifer Leigh Reynaud of the U.S.
Department of Justice. The decision was issued on June 12, 2018.
Theory of causation
Petitioner Betsy Le filed a petition on September 30, 2016, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 4, 2013. The respondent conceded entitlement in a Rule 4(c) Report filed on March 20, 2018, and the Chief Special Master found petitioner entitled to compensation. A Proffer on Award of Damages, filed by respondent on March 30, 2018, proposed an award of $79,521.12, consisting of $75,000.00 for pain and suffering and $4,521.12 for past unreimbursable expenses. Petitioner agreed with this award. Chief Special Master Nora Beth Dorsey issued a decision on June 12, 2018, awarding the stipulated lump sum of $79,521.12. The public decision does not detail the specific mechanism of injury or name any medical experts. Petitioner was represented by Anh Van Tran, and respondent by Jennifer Leigh Reynaud.
Source PDFs
USCOURTS-cofc-1_16-vv-01234