Donna T. Hyatt v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Donna T. Hyatt filed a petition for compensation under the National Vaccine Injury Compensation Program on May 17, 2017, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of her September 14, 2015 influenza vaccination.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Hyatt suffered a Table injury of SIRVA within the Table time period and that there was no preponderance of medical evidence indicating an unrelated cause.
The respondent also agreed that Ms. Hyatt met the statutory severity requirement, having experienced sequelae of her injury for more than six months, and satisfied all other legal prerequisites for compensation.
Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on February 7, 2018, finding Ms. Hyatt entitled to compensation.
Subsequently, on May 14, 2018, the respondent filed an amended proffer on award of compensation. On September 5, 2018, Chief Special Master Dorsey issued a decision awarding damages based on this proffer.
Ms. Hyatt received a total award of $81,085.82.
This award included a lump sum payment of $80,000.00 for pain and suffering, payable to Ms. Hyatt, and a lump sum payment of $1,085.82 to satisfy a State of South Carolina Medicaid lien, payable jointly to Ms.
Hyatt and Equian, LLC. Petitioner counsel was Shealene Priscilla Wasserman of Muller Brazil, LLP, and respondent counsel was Voris Edward Johnson of the U.S.
Department of Justice. Ms.
Hyatt is a competent adult.
Theory of causation
Petitioner Donna T. Hyatt alleged a right shoulder injury related to vaccine administration (SIRVA) following her September 14, 2015 influenza vaccination. The respondent conceded that the injury was a Table injury of SIRVA within the Table time period and that there was no evidence of an unrelated cause. The respondent also conceded that the statutory severity requirement was met. The case proceeded to a ruling on entitlement on February 7, 2018, finding petitioner entitled to compensation. A subsequent decision on September 5, 2018, awarded $81,085.82, comprising $80,000.00 for pain and suffering and $1,085.82 to satisfy a Medicaid lien. The theory of causation relied on the "Table" provision of the Vaccine Act, with the respondent conceding the elements of a Table injury. No specific medical experts or detailed mechanism of injury beyond the general category of SIRVA were described in the public text. Petitioner was represented by Shealene Priscilla Wasserman, and respondent by Voris Edward Johnson. Chief Special Master Nora Beth Dorsey presided over the entitlement ruling and the damages decision.
Source PDFs
USCOURTS-cofc-1_17-vv-00650