Nacole Troupe-Roberts v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Nacole Troupe-Roberts filed a petition for compensation on July 18, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on August 29, 2016. The respondent filed a Rule 4(c) report on July 22, 2019, conceding that the petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation.
The respondent also confirmed that the case was timely filed, the vaccine was received in the United States, and the petitioner satisfied the statutory severity requirement by suffering residual effects for more than six months after vaccination. The respondent further stated that no civil action had been pursued in connection with the injury.
Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on July 23, 2019, finding the petitioner entitled to compensation. Subsequently, on October 15, 2019, Chief Special Master Dorsey issued a decision awarding damages based on a stipulation and proffer.
The parties stipulated to an award of $112,804.00, consisting of $110,000.00 for pain and suffering and $2,804.00 in past unreimbursable expenses. The decision was made by Chief Special Master Nora Beth Dorsey, with petitioner represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent represented by Ryan Daniel Pyles of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received by the petitioner.
Theory of causation
Petitioner Nacole Troupe-Roberts alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on August 29, 2016. The respondent conceded entitlement, agreeing that the claim met the Table criteria for SIRVA, was timely filed, the vaccine was administered in the United States, and the petitioner met the statutory severity requirement. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. The parties stipulated to an award of $112,804.00, comprising $110,000.00 for pain and suffering and $2,804.00 for past unreimbursable expenses. The decision was issued by Chief Special Master Nora Beth Dorsey on October 15, 2019, based on a proffer. Petitioner's counsel was Shealene Priscilla Mancuso, and respondent's counsel was Ryan Daniel Pyles.
Source PDFs
USCOURTS-cofc-1_18-vv-01049