Terri L. Vanderjack v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Terri L. Vanderjack filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2018.
She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 17, 2015. The case was assigned to the Special Processing Unit.
On August 8, 2019, the respondent filed a Rule 4(c) report conceding that the petitioner's claim met the Table criteria for SIRVA and that she was entitled to a presumption of vaccine causation. A ruling on entitlement was issued by Chief Special Master Nora Beth Dorsey on August 12, 2019, finding Ms.
Vanderjack entitled to compensation. Subsequently, on November 6, 2019, a decision awarding damages was issued.
Based on a joint Rule 4 report and proffer, the respondent recommended an award of $110,000, to which the petitioner agreed. Chief Special Master Dorsey awarded Terri L.
Vanderjack a lump sum of $110,000, payable by check to the petitioner, for all damages available under § 15(a). Mark Stephen Bishop represented the petitioner, and Ryan Daniel Pyles represented the respondent.
Theory of causation
Petitioner Terri L. Vanderjack alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 17, 2015. The respondent conceded that the claim met the Table criteria for SIRVA and agreed to a presumption of vaccine causation. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No specific medical experts were named in the public text. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on August 12, 2019, finding petitioner entitled to compensation. On November 6, 2019, Chief Special Master Dorsey issued a decision awarding damages based on a joint Rule 4 report and proffer, granting a lump sum of $110,000 to petitioner Terri L. Vanderjack. Petitioner was represented by Mark Stephen Bishop, and respondent was represented by Ryan Daniel Pyles.
Source PDFs
USCOURTS-cofc-1_18-vv-01293