Nga Hong Jones v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Nga Hong Jones filed a petition for vaccine injury compensation on January 31, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 6, 2016. The respondent filed a Rule 4(c) report on January 30, 2019, conceding entitlement to compensation.
The respondent noted that SIRVA is a Table injury and that Ms. Jones met the criteria, including pain occurring within 48 hours after vaccination, residual effects lasting more than six months, and no other identified cause for the shoulder pain.
The Chief Special Master, Nora Beth Dorsey, issued a Ruling on Entitlement on February 1, 2019, finding Ms. Jones entitled to compensation.
Subsequently, on March 12, 2019, the respondent filed a proffer recommending an award of $53,500.00 for past and future pain and suffering, which Ms. Jones agreed to.
Ms. Jones is a competent adult.
Chief Special Master Dorsey issued a decision on May 1, 2019, awarding Ms. Jones a lump sum payment of $53,500.00, payable by check to her.
This amount represents compensation for all damages available under § 15(a). Petitioner was represented by Jeffrey S.
Pop of Jeffrey S. Pop & Associates, and respondent was represented by Meredith Burns Healy of the U.S.
Department of Justice.
Theory of causation
Petitioner Nga Hong Jones alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an October 6, 2016, influenza vaccination. Respondent conceded entitlement, agreeing that SIRVA is a Table injury. The criteria met included pain within 48 hours of vaccination, pain limited to the shoulder of administration, residual effects lasting over six months, and no other identified cause for the shoulder pain. The public decision does not describe the specific mechanism of injury or name any medical experts. The case resulted in a compensated outcome. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on February 1, 2019, and a Decision Awarding Damages on May 1, 2019. The award was a lump sum of $53,500.00, payable to petitioner, representing past and future pain and suffering. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Meredith Burns Healy.
Source PDFs
USCOURTS-cofc-1_18-vv-00160