Tajuana Perkins v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Tajuana Perkins filed a petition for compensation under the National Vaccine Injury Compensation Program on September 26, 2018, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 11, 2016. The case was assigned to the Special Processing Unit.
On September 27, 2019, the respondent filed a Rule 4(c) report conceding that Ms. Perkins was entitled to compensation, agreeing that she suffered a Table SIRVA and that no other causes for her injury were identified.
The respondent also agreed that the statutory six-month sequela requirement had been satisfied. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 27, 2019, finding Ms.
Perkins entitled to compensation. Subsequently, the parties reached a stipulation for an award of compensation.
On November 7, 2019, the respondent filed a proffer on award of compensation, indicating that Ms. Perkins should be awarded $80,000.00, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a).
Ms. Perkins agreed with this proffered award.
Chief Special Master Brian H. Corcoran issued a decision on November 7, 2019, awarding Ms.
Perkins a lump sum payment of $80,000.00 in the form of a check payable to her. Ms.
Perkins was determined to be a competent adult, and evidence of guardianship was not required. The decision was posted on the United States Court of Federal Claims' website.
Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Lara Ann Englund of the U.S.
Department of Justice.
Theory of causation
Petitioner Tajuana Perkins alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 11, 2016. The respondent conceded entitlement to compensation, agreeing that the injury was a Table SIRVA and that no other causes were identified, satisfying the statutory six-month sequela requirement. The case proceeded as a Table claim. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on September 27, 2019. Subsequently, Chief Special Master Brian H. Corcoran issued a decision on November 7, 2019, awarding a lump sum of $80,000.00, representing all damages available under 42 U.S.C. § 300aa-15(a), via check payable to the petitioner. Petitioner was represented by Amy A. Senerth, and respondent was represented by Lara Ann Englund.
Source PDFs
USCOURTS-cofc-1_18-vv-01480