Sheri Grove v. HHS - Influenza, right-sided shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Sheri Grove filed a petition for compensation on December 8, 2017, alleging a right-sided shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 8, 2016. The respondent filed a Rule 4(c) report conceding entitlement to compensation, stating that Ms.
Grove suffered bursitis in her right shoulder caused-in-fact by the flu vaccine she received on September 8, 2016. The respondent further agreed that Ms.
Grove suffered sequela of her injury for more than six months and met the statutory requirements for compensation. On November 5, 2018, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding Ms.
Grove entitled to compensation. Subsequently, on March 20, 2019, the respondent filed a proffer proposing an award of $143,498.66.
This amount included $125,000.00 for pain and suffering, $12,803.51 for lost wages, and $5,695.15 for past unreimbursable medical expenses. The petitioner agreed with this proposed award.
On May 29, 2019, Chief Special Master Nora Beth Dorsey issued a decision awarding Ms. Grove the stipulated lump sum of $143,498.66, payable by check to Sheri Grove.
Petitioner counsel was Leah VaSahnja Durant, and respondent counsel was Traci R. Patton.
Theory of causation
Petitioner Sheri Grove alleged a right-sided shoulder injury related to vaccine administration (SIRVA) following receipt of her September 8, 2016 influenza vaccine. Respondent conceded entitlement, agreeing that petitioner suffered bursitis in her right shoulder caused-in-fact by the flu vaccine and met statutory requirements. The theory of causation was off-Table. No specific medical experts or detailed mechanism of injury were described in the public text. The case resulted in a stipulated award of $143,498.66, consisting of $125,000.00 for pain and suffering, $12,803.51 for lost wages, and $5,695.15 for past unreimbursable medical expenses. The ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on November 5, 2018, and the final decision awarding damages was issued on May 29, 2019. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Traci R. Patton.
Source PDFs
USCOURTS-cofc-1_17-vv-01917