Mary Caspers v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Mary Caspers filed a petition on March 10, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 3, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Caspers' injury was consistent with SIRVA and that it was caused-in-fact by the flu vaccine she received. The respondent also agreed that Ms.

Caspers received a vaccine listed on the Vaccine Injury Table within the United States and had suffered residual effects of her injury for more than six months. Based on the respondent's concession, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on November 7, 2017, finding Ms.

Caspers entitled to compensation. Subsequently, on April 24, 2018, the parties submitted a proffer on the award of compensation.

The respondent proffered that Ms. Caspers should be awarded $77,500.00, representing all elements of compensation available under the Vaccine Act, and Ms.

Caspers agreed with this proffered award. Chief Special Master Dorsey issued a decision on August 22, 2018, awarding Ms.

Caspers a lump sum payment of $77,500.00, payable by check to Ms. Caspers, for all damages available under 42 U.S.C. § 300aa-15(a).

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Justine Elizabeth Walters of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.