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

Filed 2018-09-27Decided 2020-03-24Vaccine Influenza
compensated$112,280

Case summary [AI summaries can sometimes make mistakes]

Melissa Hardin filed a petition for compensation under the National Vaccine Injury Compensation Program on September 27, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 28, 2015. The case was assigned to the Special Processing Unit.

On February 7, 2020, the Respondent filed a Rule 4(c) Report and Proffer, conceding that Petitioner's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she suffered the residual effects of her condition for more than six months. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement on February 11, 2020, finding Petitioner entitled to compensation. Subsequently, on February 11, 2020, Chief Special Master Corcoran issued a decision awarding damages.

The Respondent's Rule 4(c) Report and Proffer indicated that Petitioner agreed with a proffered award of $112,280.65. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.

The public decision also does not name any specific medical experts. Chief Special Master Corcoran awarded Melissa Hardin a lump sum payment of $112,280.65, payable by check to Petitioner, representing compensation for all damages available under section 15(a) of the Vaccine Act.

The attorneys for the petitioner were Philip James Roth, Jr. of Marshall, Roth & Gregory, PC, and the attorney for the respondent was Traci R. Patton of the U.S.

Department of Justice.

Theory of causation

Petitioner Melissa Hardin alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 28, 2015. The Respondent conceded that the injury was consistent with SIRVA as defined on the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. The public text does not detail the specific mechanism of injury, medical experts, or diagnostic evidence. Chief Special Master Brian H. Corcoran ruled on entitlement on February 11, 2020, and issued a decision awarding damages on February 11, 2020. The award was a lump sum of $112,280.65, accepted by the Petitioner, representing compensation for all damages under § 15(a). Attorneys involved were Philip James Roth, Jr. for the petitioner and Traci R. Patton for the respondent.

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