Elbert Compton v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Elbert Compton filed a petition on August 28, 2018, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by an influenza vaccine he received on December 28, 2016. The case was assigned to the Special Processing Unit.
On March 5, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding that Mr.
Compton was entitled to compensation for a SIRVA. The ruling determined that the onset of his shoulder pain occurred within 48 hours of vaccination and was limited to his left shoulder, based on medical records indicating complaints of left shoulder pain starting as early as January 2, 2017, and consistently reported thereafter.
Respondent initially argued that the medical records did not establish the required onset timeframe or that the pain was limited to the left shoulder. However, the Chief Special Master found the evidence supported Mr.
Compton's claim for entitlement. On December 10, 2021, Respondent filed a proffer of compensation, recommending an award of $50,000.00 for pain and suffering.
Mr. Compton, identified as a competent adult, agreed with this proffered award.
On January 11, 2022, Chief Special Master Corcoran issued a decision awarding Mr. Compton a lump sum payment of $50,000.00, representing compensation for all available damages.
Petitioner was represented by Jerome A. Konkel of Samster, Konkel & Safran, S.C., and later Samster Konkel and Safran.
Respondent was represented by Colleen Clemons Hartley and later Mitchell Jones of the U.S. Department of Justice.
Theory of causation
Petitioner Elbert Compton filed a petition on August 28, 2018, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by an influenza vaccine administered on December 28, 2016. The claim was processed under the National Vaccine Injury Compensation Program. A ruling on entitlement issued on March 5, 2021, by Chief Special Master Brian H. Corcoran, found that Petitioner was entitled to compensation. This ruling was based on a preponderance of the evidence showing that the onset of Petitioner's shoulder pain occurred within 48 hours of vaccination and was limited to his left shoulder, as supported by medical records from January 2017 onwards. Respondent initially contested the onset timeframe and the limitation of pain to the left shoulder. Following the entitlement ruling, Respondent filed a proffer of compensation on December 10, 2021, recommending an award of $50,000.00 for pain and suffering, which Petitioner accepted. On January 11, 2022, Chief Special Master Corcoran issued a decision awarding Petitioner a lump sum of $50,000.00. Petitioner was represented by Jerome A. Konkel and Respondent by Colleen Clemons Hartley and Mitchell Jones. The theory of causation was based on the Vaccine Injury Table for SIRVA.
Source PDFs
USCOURTS-cofc-1_18-vv-01316