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.