Chelsea Bossenbroek v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
On January 27, 2017, Chelsea Bossenbroek filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 22, 2015, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, initially contested the claim, arguing that Ms.
Bossenbroek did not meet the six-month severity requirement for compensation. A hearing was held on December 13, 2018, after which the Special Master issued tentative findings that Ms.
Bossenbroek had met the six-month duration requirement. Following further proceedings and unsuccessful settlement discussions, the Special Master issued a Ruling Finding Facts and Granting Entitlement to Compensation on April 16, 2019, establishing that Ms.
Bossenbroek's injury was caused by the vaccine and met the duration criteria. The case then proceeded to determine the amount of compensation.
On April 3, 2020, Special Master Christian J. Moran issued a decision awarding Ms.
Bossenbroek $62,901.49, comprising $50,000 for past pain and suffering, $11,692.19 for future pain and suffering, and $1,209.30 for unreimbursed expenses. Ms.
Bossenbroek filed a motion for review with the Court of Federal Claims, arguing that the Special Master erred in his calculation of damages, particularly by considering awards from non-vaccine cases and by failing to adequately explain the calculation of future pain and suffering. On January 25, 2024, Senior Judge Victor J.
Wolski issued an opinion finding that the Special Master erred only in failing to fully articulate the basis for the future pain and suffering award and remanded the case for further proceedings. On June 18, 2024, Special Master Christian J.
Moran issued a decision adopting a joint stipulation between the parties, awarding a total of $66,209.30. This final award resolved all remaining disputes.
Theory of causation
Petitioner Chelsea Bossenbroek filed a petition alleging that an influenza vaccine administered on October 22, 2015, caused a shoulder injury related to vaccine administration (SIRVA). The respondent contested entitlement, arguing the injury did not meet the six-month duration requirement. The Special Master, Christian J. Moran, found entitlement, concluding the injury was caused by the vaccine and met the duration criteria, referencing the Qualifications and Aids to Interpretation (QAI) to the Vaccine Injury Table. The case proceeded to damages, where the Special Master initially awarded $62,901.49. This award was challenged, and the Court of Federal Claims remanded for further explanation on future pain and suffering calculations. Ultimately, the parties reached a joint stipulation for a final award of $66,209.30, issued on June 18, 2024.
Source PDFs
USCOURTS-cofc-1_17-vv-00122