Jackie Crook v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Jackie Crook filed a petition for compensation under the National Vaccine Injury Compensation Program on March 3, 2017, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on March 15, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 27, 2017, conceding that petitioner's left shoulder injury was consistent with SIRVA and was caused-in-fact by the flu vaccine.
The respondent also agreed that no other causes for the injury were identified and that the sequelae of the injury lasted for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on November 27, 2017, finding petitioner entitled to compensation.
Subsequently, on March 12, 2018, the respondent filed a proffer on the award of compensation. The parties agreed to a total award of $80,810.90, which included $80,000.00 for actual and projected pain and suffering and $810.90 for past unreimbursable expenses.
Chief Special Master Dorsey issued a decision awarding damages on May 21, 2018, granting the lump sum payment to Jackie Crook. Petitioner was represented by Jeffrey S.
Pop of Jeffrey S. Pop & Associates, and respondent was represented by Alexis B.
Babcock of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond it being consistent with SIRVA.
Theory of causation
Petitioner Jackie Crook alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on March 15, 2016. The respondent conceded that the injury was consistent with SIRVA and was caused-in-fact by the vaccine, with no other causes identified. The public text does not specify the medical mechanism of injury, expert testimony, or specific diagnostic findings. The case resulted in a ruling on entitlement on November 27, 2017, and a subsequent award of $80,810.90 on May 21, 2018, based on a proffer agreed to by both parties. The award consisted of $80,000.00 for pain and suffering and $810.90 for past unreimbursable expenses. Chief Special Master Nora Beth Dorsey presided over the case. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Alexis B. Babcock. The theory of causation was considered off-Table.
Source PDFs
USCOURTS-cofc-1_17-vv-00298