Tracie Johaneck v. HHS - Influenza, left shoulder injury (2018)
Case summary [AI summaries can sometimes make mistakes]
Tracie Johaneck filed a petition for compensation under the National Vaccine Injury Compensation Program on July 14, 2017, alleging a left shoulder injury resulting from an influenza vaccination she received on October 30, 2015. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 11, 2018, conceding that Ms.
Johaneck's condition was consistent with Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table. The respondent's concession was based on the petitioner having no recent history of left shoulder pain or dysfunction, experiencing pain within 48 hours of the vaccination, the pain being limited to the injection site shoulder, and no other condition explaining the pain.
The respondent also noted that the petitioner suffered residual effects for more than six months. Based on this concession and the available medical records, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on April 13, 2018, finding Ms.
Johaneck entitled to compensation. Subsequently, on July 10, 2018, the respondent filed a Proffer on Award of Compensation, agreeing to a $100,000.00 award for pain and suffering.
The petitioner accepted this proffered award. Chief Special Master Dorsey issued a Decision Awarding Damages on October 10, 2018, granting a lump sum payment of $100,000.00 to Tracie Johaneck, representing compensation for all damages available under the Vaccine Act.
The petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and the respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.
Theory of causation
Petitioner Tracie Johaneck alleged a left shoulder injury resulting from an October 30, 2015, influenza vaccination. The respondent conceded entitlement, agreeing that the condition was Shoulder Injury Related to Vaccine Administration (SIRVA), a Table injury. The respondent's concession was based on the petitioner's medical course being consistent with SIRVA, including no prior shoulder issues, onset of pain within 48 hours post-vaccination, localized pain to the injection site, and no other identified cause for the pain, with residual effects lasting over six months. The public decision does not detail specific medical experts, the mechanism of injury, or specific clinical findings beyond the criteria for SIRVA. Petitioner was awarded $100,000.00 as a lump sum for pain and suffering, representing all damages under 42 U.S.C. § 300aa-15(a). The Ruling on Entitlement was issued by Chief Special Master Nora Beth Dorsey on April 13, 2018, and the Decision Awarding Damages was issued on October 10, 2018. Petitioner's counsel was Amber Diane Wilson, and respondent's counsel was Claudia Barnes Gangi.
Source PDFs
USCOURTS-cofc-1_17-vv-00948