Susan Wigley v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Susan Wigley filed a petition for compensation on September 30, 2016, alleging that she suffered an injury to her left shoulder as a result of an influenza vaccine administered on October 3, 2013. The case was assigned to the Special Processing Unit.
Respondent filed a Rule 4(c) Report on July 13, 2017, stating that he did not contest entitlement, agreeing that the injury was consistent with a shoulder injury related to vaccine administration (SIRVA) and that the statutory requirements were met. A ruling on entitlement was issued on July 13, 2017, finding Ms.
Wigley entitled to compensation. On August 7, 2017, respondent filed a proffer on award of compensation, recommending an award of $70,000.00, which petitioner agreed to.
The decision dated February 5, 2018, awarded Ms. Wigley a lump sum payment of $70,000.00.
Petitioner counsel was Amy A. Senerth of Muller Brazil, LLP.
Respondent counsel was Ilene C. Albala of the U.S.
Department of Justice. The Special Master was Nora Beth Dorsey.
Theory of causation
Petitioner Susan Wigley alleged injury to her left shoulder following an influenza vaccine administered on October 3, 2013. Respondent conceded entitlement, agreeing the injury was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA) and that statutory requirements were met. The public decision does not describe the specific mechanism of injury, onset, symptoms, medical tests, or treatments. The theory of causation is based on the "Table" as indicated by the initial database fields, and respondent did not contest entitlement. Petitioner was awarded $70,000.00 as a lump sum payment. The ruling on entitlement was issued on July 13, 2017, and the decision awarding damages was issued on February 5, 2018, based on a proffer filed August 7, 2017. Attorneys for petitioner were Amy A. Senerth and for respondent Ilene C. Albala. Chief Special Master Nora Beth Dorsey presided.
Source PDFs
USCOURTS-cofc-1_16-vv-01247