Karen Hopseker v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Karen Hopseker filed a petition for compensation under the National Vaccine Injury Compensation Program on June 19, 2017. She alleged that she suffered Parsonage Turner Syndrome, a shoulder injury related to vaccine administration (SIRVA), causally related to an influenza vaccination she received on November 5, 2014.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Hopseker was entitled to compensation, agreeing that she suffered SIRVA as defined by the Vaccine Injury Table and had satisfied all legal prerequisites for compensation.
On December 21, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms. Hopseker entitled to compensation.
Subsequently, on June 18, 2019, the parties filed a proffer on the award of compensation. The respondent proffered that Ms.
Hopseker should be awarded $80,000.00 for actual pain and suffering, and Ms. Hopseker agreed with this amount.
The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Chief Special Master Dorsey awarded Karen Hopseker a lump sum payment of $80,000.00 for her actual pain and suffering, payable by check to Ms.
Hopseker. Petitioner's counsel was Franklin John Caldwell, Jr. and Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA.
Respondent's counsel was Robert Paul Coleman, III of the U.S. Department of Justice.
Theory of causation
Petitioner Karen Hopseker alleged that she suffered Parsonage Turner Syndrome, a shoulder injury related to vaccine administration (SIRVA), causally related to an influenza vaccination received on November 5, 2014. The respondent conceded that petitioner suffered SIRVA as defined by the Vaccine Injury Table. The public text does not detail the specific mechanism of injury, expert testimony, or medical evidence presented. The case proceeded based on the respondent's concession and the Vaccine Injury Table. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on December 21, 2018, finding petitioner entitled to compensation. On June 18, 2019, a proffer on award of compensation was filed, agreeing to an award of $80,000.00 for actual pain and suffering. The award was made as a lump sum payment to the petitioner. Petitioner was represented by Franklin John Caldwell, Jr. and Isaiah Richard Kalinowski, and respondent was represented by Robert Paul Coleman, III.
Source PDFs
USCOURTS-cofc-1_17-vv-00821