Mary Ann Deubel v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Mary Ann Deubel filed a petition for compensation under the National Vaccine Injury Compensation Program on September 20, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on October 27, 2015. The case was assigned to the Special Processing Unit.

On September 9, 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 post-vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 16, 2019, finding petitioner entitled to compensation.

Subsequently, on December 5, 2019, the parties submitted a proffer on award of compensation. The respondent represented that petitioner agreed to an award of $90,000.00, which represented all elements of compensation available under the Vaccine Act.

Chief Special Master Brian H. Corcoran issued a decision on December 5, 2019, awarding petitioner a lump sum payment of $90,000.00, payable by check to Mary Ann Deubel.

This award compensated for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice.