Maura McAuliffe v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Maura McAuliffe filed a petition for compensation under the National Vaccine Injury Compensation Program on September 28, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 27, 2014. The case was assigned to the Special Processing Unit.
On February 18, 2020, a Fact Ruling found that there was preponderant evidence that the onset of Petitioner’s left shoulder pain occurred within 48 hours of the October 27, 2014 flu vaccination. On March 18, 2020, the Respondent filed an Amended Rule 4(c) Report, reserving the right to appeal the Factual Ruling but advising that the finding regarding symptom onset was the law of the case and that the Respondent would not defend the case on other grounds.
The Respondent conceded that based on the Chief Special Master’s fact ruling and the medical record evidence, the Petitioner had satisfied all legal prerequisites for compensation under the Act, and that the Petitioner suffered the residual effects of her condition for more than six months. Based on the Respondent's position and the evidence of record, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on March 23, 2020, finding Petitioner entitled to compensation for her SIRVA. Subsequently, on July 23, 2020, the Respondent filed a proffer on award of compensation, indicating that Petitioner should be awarded $207,356.28, an amount with which Petitioner agreed.
On July 28, 2020, Chief Special Master Corcoran issued a Decision Awarding Damages. The award consisted of a lump sum payment of $207,356.28, comprising $200,000.00 for pain and suffering and $7,356.28 for past unreimbursable expenses.
The award was made payable to Maura McAuliffe, a competent adult. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, and Respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.
The public decision does not describe the specific onset symptoms, medical tests, or treatments. The specific mechanism of injury is not detailed in the public decision, but the injury is identified as a Table injury.
Theory of causation
Petitioner Maura McAuliffe alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 27, 2014. A Fact Ruling established that the onset of left shoulder pain occurred within 48 hours of vaccination. The Respondent conceded that Petitioner satisfied all legal prerequisites for compensation, recognizing the injury as a Table injury and that Petitioner suffered residual effects for more than six months. Chief Special Master Brian H. Corcoran ruled on entitlement on March 23, 2020, finding Petitioner entitled to compensation. A subsequent decision on July 28, 2020, awarded Petitioner a lump sum of $207,356.28, consisting of $200,000.00 for pain and suffering and $7,356.28 for past unreimbursable expenses. Petitioner was represented by Leah VaSahnja Durant and Respondent by Sarah Christina Duncan. The public decision does not detail the specific mechanism of injury beyond it being a Table injury, nor does it name specific medical experts.