Mindy Puckett v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
On September 25, 2017, Mindy Puckett filed a petition under the National Vaccine Injury Compensation Program alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on October 26, 2015. The Special Master previously ruled that Ms.
Puckett received the flu vaccine in her left arm and that the onset of her shoulder pain occurred within 48 hours of vaccination. The Respondent, Secretary of Health and Human Services, filed an amended report on March 10, 2020, stating that while preserving the right to appeal the court's findings of fact, the respondent submitted that the petitioner had otherwise satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA.
The respondent requested a ruling on entitlement. Based on the respondent's position and the evidence of record, Special Master Katherine E.
Oler ruled on March 24, 2020, that Ms. Puckett was entitled to compensation.
Subsequently, the parties reached a proffer agreement for damages. On May 19, 2020, Special Master Oler issued a decision awarding Ms.
Puckett a lump sum payment of $109,737.32. This award consisted of $107,500.00 for pain and suffering, $1,320.00 for lost wages, and $917.32 for past unreimbursed expenses.
The decision was issued by Special Master Katherine E. Oler, with petitioner represented by Isaiah Kalinowski of Maglio Christopher and Toale, PA, and respondent represented by Lara Englund of the U.S.
Department of Justice.
Theory of causation
Petitioner Mindy Puckett alleged SIRVA following an influenza vaccine on October 26, 2015. The Special Master previously found that the vaccine was administered in the left arm and that shoulder pain onset occurred within 48 hours of vaccination. The Respondent conceded that Petitioner satisfied the criteria for SIRVA as a Table injury. The Special Master adopted the parties' proffer and awarded compensation. The award was a lump sum of $109,737.32, comprising $107,500.00 for pain and suffering, $1,320.00 for lost wages, and $917.32 for past unreimbursed expenses. The decision was issued by Special Master Katherine E. Oler on May 19, 2020. Petitioner counsel was Isaiah Kalinowski, and respondent counsel was Lara Englund.