Mary Freehling v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Mary Freehling filed a petition for compensation under the National Vaccine Injury Compensation Program on June 26, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination administered on October 3, 2016. The respondent filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation.
Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 4, 2019, finding Ms.
Freehling entitled to compensation. Subsequently, on February 7, 2020, the respondent filed a proffer recommending an award of $67,500.00 for pain and suffering, which the petitioner agreed to.
Chief Special Master Corcoran issued a decision on March 9, 2020, awarding this lump sum payment to Ms. Freehling.
Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Jeffrey T.
Sprague of the U.S. Department of Justice.
Theory of causation
Petitioner Mary Freehling alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 3, 2016. The respondent conceded that the injury was consistent with SIRVA as defined on the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. The Special Master ruled on entitlement on December 4, 2019. A subsequent proffer on award of compensation, filed February 7, 2020, recommended a lump sum payment of $67,500.00 for pain and suffering, which petitioner agreed to. Chief Special Master Brian H. Corcoran issued a decision on March 9, 2020, awarding the $67,500.00 lump sum. Petitioner was represented by Paul R. Brazil, and respondent was represented by Jeffrey T. Sprague.
Source PDFs
USCOURTS-cofc-1_18-vv-00918