Margaret Schwarck v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Filed 2018-09-17Decided 2020-03-24Vaccine Influenza
compensated$92,020

Case summary [AI summaries can sometimes make mistakes]

Margaret Schwarck filed a petition for compensation under the National Vaccine Injury Compensation Program on September 17, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 10, 2017. The respondent, represented by Jeffrey T.

Sprague and later Heather Lynn Pearlman of the U.S. Department of Justice, filed a Rule 4(c) report conceding that Ms.

Schwarck's alleged injury was consistent with a SIRVA as defined on the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on this concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 30, 2019, finding Ms.

Schwarck entitled to compensation. Subsequently, on February 14, 2020, Chief Special Master Brian H.

Corcoran issued a decision awarding damages based on a proffer submitted by the respondent. The parties agreed to a total award of $92,020.64, which included $90,000.00 for pain and suffering and $2,020.64 for out-of-pocket medical expenses.

This amount represented all damages available under the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC. The decision was posted publicly in accordance with the E-Government Act of 2002.

Theory of causation

Petitioner Margaret Schwarck alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 10, 2017. The respondent conceded that the injury was consistent with a SIRVA as defined on the Vaccine Injury Table and that residual effects lasted more than six months. This concession led to a ruling on entitlement by Chief Special Master Nora Beth Dorsey on September 30, 2019. Subsequently, a proffer on award of compensation was filed, and Chief Special Master Brian H. Corcoran issued a decision on March 24, 2020, awarding Petitioner $92,020.64, comprising $90,000.00 for pain and suffering and $2,020.64 for out-of-pocket medical expenses. The theory of causation relied on the Vaccine Injury Table (SIRVA). Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Jeffrey T. Sprague and Heather Lynn Pearlman. No specific medical experts or detailed mechanism of injury were described in the public text.

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