Jodi Harms v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Jodi Harms filed a petition for compensation under the National Vaccine Injury Compensation Program on April 11, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 5, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 18, 2017, conceding that Ms.
Harms was entitled to compensation. The respondent agreed that her medical course was consistent with a SIRVA, a condition listed on the Vaccine Injury Table, and that she 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 March 15, 2018, finding Ms. Harms entitled to compensation.
Subsequently, on March 15, 2018, Chief Special Master Dorsey issued a Decision Awarding Damages. This decision was based on a proffer from the respondent, filed on December 18, 2017, which indicated an award of $95,471.03.
The respondent represented that Ms. Harms agreed with this proffered award.
The public decision does not describe the specific onset of symptoms, medical tests, or treatments. The decision states that the award represents compensation for all damages available under 42 U.S.C. § 300aa-15(a).
Ms. Harms was awarded a lump sum payment of $95,471.03 in the form of a check payable to her.
Petitioner counsel was Ronald Craig Homer of Conway, Homer, P.C., and respondent counsel was Daniel Anthony Principato of the U.S. Department of Justice.
The case was originally filed on December 19, 2017.
Theory of causation
Petitioner Jodi Harms alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on December 5, 2015. The respondent conceded entitlement, agreeing that petitioner's medical course was consistent with SIRVA, a condition listed on the Vaccine Injury Table, and that all legal prerequisites for compensation were met. The public text does not detail specific medical experts, clinical findings, or the mechanism of injury. A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on March 15, 2018. Subsequently, a decision awarding damages was issued by Chief Special Master Dorsey on March 15, 2018, based on a proffer from the respondent. The respondent offered $95,471.03, which petitioner accepted. This amount was awarded as a lump sum payment for all available damages. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Daniel Anthony Principato.
Source PDFs
USCOURTS-cofc-1_17-vv-00506