Jennifer Robinson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Jennifer Robinson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 2, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 2, 2017. The case was assigned to the Special Processing Unit.
On August 5, 2019, the respondent filed a Rule 4(c) report conceding that petitioner's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on August 6, 2019, finding petitioner entitled to compensation.
Subsequently, on December 5, 2019, the parties submitted a proffer on the award of compensation. Chief Special Master Brian H.
Corcoran issued a decision on January 7, 2020, awarding Jennifer Robinson a total of $85,782.63. This award comprised a lump sum payment of $80,000.00 for past and future pain and suffering, payable to petitioner, and a lump sum payment of $5,782.63 to satisfy the State of Louisiana Medicaid lien, payable jointly to petitioner and Equian, LLC, with petitioner agreeing to endorse the payment to the State of Louisiana.
The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury. Petitioner was represented by Michael G.
McLaren of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice.
Theory of causation
Petitioner Jennifer Robinson alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 2, 2017. The respondent conceded that the injury was consistent with SIRVA as defined on the Vaccine Injury Table and that residual effects lasted more than six months. The public text indicates this was a "Table Injury." No specific medical experts were named in the provided text. The Special Master's ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on August 6, 2019. A subsequent decision by Chief Special Master Brian H. Corcoran on January 7, 2020, awarded $85,782.63, consisting of $80,000.00 for past and future pain and suffering and $5,782.63 to satisfy a State of Louisiana Medicaid lien. Petitioner was represented by Michael G. McLaren, and respondent by Mallori Browne Openchowski.
Source PDFs
USCOURTS-cofc-1_18-vv-01134