Heidi Levisee v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Heidi Levisee filed a petition for compensation under the National Vaccine Injury Compensation Program on September 24, 2018, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 10, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 26, 2019, conceding that Ms.
Levisee was entitled to compensation. The Division of Injury Compensation Programs determined that her left shoulder injury was consistent with an on-Table SIRVA and that no other cause was identified.
The records also indicated that she suffered the sequelae of her injury for more than six months. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on August 27, 2019, finding Ms.
Levisee entitled to compensation. Subsequently, on October 29, 2019, the parties filed a Proffer on Award of Compensation.
Chief Special Master Brian H. Corcoran issued a decision on October 30, 2019, awarding Ms.
Levisee a total of $126,283.01. This award was comprised of $125,000.00 for pain and suffering and $1,283.01 for past lost wages, to be paid as a lump sum check payable to Heidi Levisee.
Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Alexis B.
Babcock of the U.S. Department of Justice.
Theory of causation
Heidi Levisee alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 10, 2016. The respondent conceded entitlement, agreeing that the injury was consistent with an on-Table SIRVA and that no other cause was identified. The case proceeded as a Table claim. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the diagnosis of SIRVA and its duration of over six months. Chief Special Master Nora Beth Dorsey ruled on entitlement, and Chief Special Master Brian H. Corcoran awarded $126,283.01 ($125,000.00 for pain and suffering, $1,283.01 for past lost wages) based on a stipulation between petitioner Heidi Levisee and respondent, represented by Alexis B. Babcock. Petitioner was represented by Paul R. Brazil. The decision date for the award was December 26, 2019.
Source PDFs
USCOURTS-cofc-1_18-vv-01464