Sheri Henning v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Sheri Henning filed a petition for compensation under the National Vaccine Injury Compensation Program on May 29, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 7, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 22, 2019, conceding that Ms.
Henning's alleged injury was consistent with SIRVA, a condition listed on the Vaccine Injury Table, and that she met all legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 24, 2019, finding Ms.
Henning entitled to compensation based on the respondent's concession and the evidence of record. Subsequently, on June 15, 2020, the respondent filed a proffer on the award of compensation, indicating that Ms.
Henning should be awarded $163,946.40. This amount was stipulated to by the petitioner and comprised $160,000.00 for pain and suffering, $1,101.15 for past unreimbursable expenses, $720.00 for future expenses, and $2,125.25 for past lost wages.
Chief Special Master Brian H. Corcoran issued a decision on July 21, 2020, awarding Ms.
Henning a lump sum payment of $163,946.40 in the form of a check payable to her. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury beyond its classification as SIRVA.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice.
Theory of causation
Petitioner Sheri Henning alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 7, 2016. The respondent conceded that the injury was consistent with SIRVA, a "Table injury" under the National Vaccine Injury Compensation Program. The respondent's concession satisfied the legal prerequisites for compensation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on April 24, 2019. Subsequently, Chief Special Master Brian H. Corcoran issued a decision on July 21, 2020, awarding a total of $163,946.40, comprised of $160,000.00 for pain and suffering, $1,101.15 for past unreimbursable expenses, $720.00 for future expenses, and $2,125.25 for past lost wages. The public text does not name specific medical experts or detail the precise mechanism of injury beyond its classification as SIRVA. Petitioner was represented by Ronald Craig Homer, and respondent by Linda Sara Renzi.
Source PDFs
USCOURTS-cofc-1_18-vv-00752