Monika Nuon v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Monika Nuon filed a petition for compensation under the National Vaccine Injury Compensation Program on September 27, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on December 2, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 24, 2018, conceding that Ms.
Nuon was entitled to compensation. The respondent agreed that Ms.
Nuon had no recent history of shoulder pain, inflammation, or dysfunction; that the onset of her pain occurred within 48 hours after receiving the intramuscular flu vaccination; that the pain was limited to the shoulder where the vaccine was administered; and that no other condition or abnormality explained her shoulder pain. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on August 27, 2018, finding Ms.
Nuon entitled to compensation. Subsequently, on May 20, 2019, the respondent filed a proffer on the award of compensation, proposing a lump sum payment of $47,500.00 for pain and suffering, representing compensation for all available damages under the Vaccine Act.
Ms. Nuon, who is a competent adult, agreed with the proffered award.
On August 14, 2019, Chief Special Master Dorsey issued a Decision Awarding Damages, awarding Ms. Nuon a lump sum of $47,500.00, payable by check to Monika Nuon.
The decision was issued following the initial petition filed on September 27, 2017. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.
Theory of causation
Petitioner Monika Nuon alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on December 2, 2016. The respondent conceded entitlement, agreeing that petitioner had no recent history of shoulder issues, that pain onset occurred within 48 hours of vaccination, that pain was localized to the injection site, and that no other condition explained the pain. This case proceeded as a Table injury claim. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on August 27, 2018. Subsequently, a proffer on award of compensation was filed, with the respondent proposing $47,500.00 for pain and suffering, representing all available damages under 42 U.S.C. § 300aa-15(a). Petitioner agreed to this award. Chief Special Master Dorsey issued a Decision Awarding Damages on August 14, 2019, awarding the lump sum of $47,500.00. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Ryan Daniel Pyles.
Source PDFs
USCOURTS-cofc-1_17-vv-01358