Angel Dandrea v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Angel Dandrea filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2017, alleging that she suffered right shoulder injuries as a result of an influenza vaccination she received on October 15, 2015. The case was assigned to the Special Processing Unit.
On November 2, 2017, the respondent filed a Rule 4(c) report conceding entitlement. The respondent stated that the Division of Injury Compensation Programs (DICP) had reviewed the petition and medical records and concluded that compensation was appropriate.
DICP determined that petitioner's alleged injury was consistent with shoulder injury related to vaccine administration (SIRVA) and was caused-in-fact by the flu vaccine received on or about October 15, 2015. DICP did not identify any other causes for the SIRVA, and records indicated that petitioner suffered the sequela of her injury for more than six months.
Based on these findings, the respondent concluded that petitioner met the statutory requirements for entitlement to compensation, with the scope of damages limited to her right shoulder injury and its related sequela. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 3, 2017, finding petitioner entitled to compensation.
Subsequently, on February 16, 2018, the respondent filed a proffer on the award of compensation. The respondent proffered an award of $122,360.92, consisting of $120,000.00 for pain and suffering and $2,360.92 for past out-of-pocket medical expenses.
The respondent represented that the petitioner agreed with this proffered award. Chief Special Master Dorsey issued a decision on February 20, 2018, awarding petitioner a lump sum payment of $122,360.92, payable to Angel Dandrea, representing compensation for all damages available under the Vaccine Act.
Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and the respondent was represented by Traci R.
Patton of the U.S. Department of Justice.