Brittany N. Ridgeway v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
On October 14, 2016, Brittany N. Ridgeway filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine received on December 11, 2015.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 28, 2017, conceding that Ms. Ridgeway's right shoulder injury was consistent with SIRVA, that it was caused in fact by the flu vaccine administered on December 11, 2015, and that compensation was appropriate.
The respondent further agreed that Ms. Ridgeway had met the statutory requirements for entitlement to compensation.
Based on the respondent's concession and the evidence, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 2, 2017, finding Ms. Ridgeway entitled to compensation.
Subsequently, on March 16, 2017, the respondent filed a proffer on award of compensation, agreeing to an award of $125,000.00, representing all elements of compensation available under the Vaccine Act. The petitioner agreed with this proffered award.
On October 20, 2017, Chief Special Master Dorsey issued a decision awarding Brittany N. Ridgeway a lump sum payment of $125,000.00, payable by check to Ms.
Ridgeway, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). Douglas Lee Burdette represented the petitioner, and Ann Martin represented the respondent.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond the general category of SIRVA.
Theory of causation
Petitioner Brittany N. Ridgeway alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on December 11, 2015. The respondent conceded that the injury was consistent with SIRVA, caused in fact by the vaccine, and that compensation was appropriate. The theory of causation is based on the respondent's concession, aligning with the Vaccine Injury Table for SIRVA. No specific medical experts were named in the provided text, nor was a detailed mechanism of injury described beyond the general classification of SIRVA. The case resulted in a compensated outcome. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on March 2, 2017, and a decision awarding damages on October 20, 2017. The award was a lump sum of $125,000.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Douglas Lee Burdette, and respondent was represented by Ann Martin.
Source PDFs
USCOURTS-cofc-1_16-vv-01342