Becky Layne v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
On January 11, 2018, Becky Layne filed a petition seeking compensation under the National Childhood Vaccine Injury Act. She alleged that an influenza vaccination administered on November 2, 2016, caused a left shoulder injury related to vaccine administration (SIRVA).
The respondent, the Secretary of Health and Human Services, initially recommended against compensation. Petitioner's claim proceeded through expert reports and motions.
Petitioner's expert, Naveed Natanzi, D.O., opined that the vaccine caused her injury, potentially through improper injection technique leading to an inflammatory reaction. Respondent's expert, Geoffrey Abrams, M.D., argued that petitioner's symptoms were more likely explained by cervical spine pathology or pre-existing degenerative changes, and that the evidence did not support a SIRVA diagnosis.
Special Master Daniel T. Horner issued a ruling on entitlement on July 12, 2022, finding that while petitioner did not meet all criteria for a Table SIRVA due to confounding diagnoses and symptoms extending beyond the shoulder, she established entitlement on a cause-in-fact basis.
The case then proceeded to damages. On November 8, 2022, the parties filed a proffer on award of compensation.
Special Master Horner issued a decision on November 8, 2022, awarding Becky Layne a total of $158,747.24. This award comprised $137,500.00 for pain and suffering and $21,247.24 for past unreimbursable expenses.