B.L. v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
On March 23, 2017, petitioner B.L. filed a petition for compensation under the National Vaccine Injury Compensation Program. B.L. alleged suffering a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination received on November 19, 2015.
The case was assigned to the Special Processing Unit. On October 13, 2017, the respondent filed a Rule 4(c) report conceding that B.L.'s medical course was consistent with SIRVA, a condition listed on the Vaccine Injury Table.
The respondent further agreed that B.L. experienced residual effects for more than six months and met all legal prerequisites for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on October 17, 2017, finding B.L. entitled to compensation.
Subsequently, on March 23, 2018, the respondent filed a proffer on award of compensation, indicating that B.L. should be awarded $45,000.00 and that B.L. agreed with this proffered award. Chief Special Master Dorsey issued a decision on June 11, 2018, awarding B.L. a lump sum payment of $45,000.00, payable by check, representing compensation for all available damages.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice.
The decision was reissued in redacted form with B.L.'s name reduced to initials.
Theory of causation
Petitioner B.L. alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 19, 2015. The respondent conceded that petitioner's medical course was consistent with SIRVA, a condition listed on the Vaccine Injury Table (42 C.F.R. § 100.3(c)(10)). The respondent also agreed that petitioner suffered residual effects for more than six months and met all legal prerequisites for compensation. The Special Master found petitioner entitled to compensation based on the respondent's concession. A subsequent proffer indicated an award of $45,000.00, which petitioner accepted. Chief Special Master Nora Beth Dorsey awarded a lump sum of $45,000.00 on June 11, 2018. Petitioner was represented by Ronald Craig Homer, and respondent by Adriana Ruth Teitel.
Source PDFs
USCOURTS-cofc-1_17-vv-00416