Donna Huddy v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Donna Huddy filed a petition for compensation under the National Vaccine Injury Compensation Program on November 2, 2016, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 23, 2015. The respondent filed a Rule 4(c) report on March 20, 2017, conceding that Ms.
Huddy's injury was consistent with SIRVA and was caused-in-fact by the flu vaccine, agreeing that she met all legal prerequisites for compensation. On March 22, 2017, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms.
Huddy entitled to compensation. Subsequently, on August 22, 2018, the parties submitted a joint proffer on the award of compensation.
The respondent proposed an award of $131,280.57, which included $122,500.00 for pain and suffering, $1,780.57 for past unreimbursed expenses, and $7,000.00 for lost wages. The petitioner agreed with this proffered amount.
Based on the record and the parties' agreement, Chief Special Master Nora Beth Dorsey issued a decision on October 23, 2018, awarding Donna Huddy a lump sum payment of $131,280.57. Petitioner's counsel was Amber Wilson of Maglio Christopher and Toale, and respondent's counsel was Lynn Ricciardella 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 Donna Huddy received an influenza vaccine on September 23, 2015, and subsequently developed a right shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the vaccine, satisfying the requirements for compensation under the National Vaccine Injury Compensation Program. The specific mechanism of injury and expert testimony are not detailed in the public record. The case proceeded to a damages decision based on a joint proffer. Chief Special Master Nora Beth Dorsey awarded a lump sum of $131,280.57 on October 23, 2018, consisting of $122,500.00 for pain and suffering, $1,780.57 for past unreimbursed expenses, and $7,000.00 for lost wages. Petitioner was represented by Amber Wilson, and respondent was represented by Lynn Ricciardella. The theory of causation is based on the "Table" category of vaccine injury, as conceded by the respondent.
Source PDFs
USCOURTS-cofc-1_16-vv-01442