Dawn Halley v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Dawn Halley filed a petition on October 29, 2018, alleging that an influenza vaccine administered on October 15, 2016, caused a left Shoulder Injury Related to Vaccine Administration (SIRVA). The case was assigned to the Special Processing Unit.
Respondent filed a Rule 4(c) report on April 27, 2020, stating that he did not contest entitlement, as the injury met the criteria of the Vaccine Injury Table. On April 28, 2020, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement, finding Ms. Halley entitled to compensation.
Subsequently, on June 9, 2020, Respondent filed a proffer on award of compensation. The parties agreed to an award of $67,500.00 for pain and suffering and $991.26 for unreimbursed medical expenses, totaling $68,491.26.
The decision dated July 10, 2020, awarded this lump sum amount to Ms. Halley, who was identified as a competent adult.
Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and Respondent was represented by Mark Hellie of the U.S. Department of Justice.
Theory of causation
Petitioner Dawn Halley alleged that an influenza vaccine administered on October 15, 2016, caused a left Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent conceded entitlement, stating that the injury met the criteria of the Vaccine Injury Table and Qualifications and Aids to Interpretation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. Chief Special Master Brian H. Corcoran ruled on entitlement on April 28, 2020. A subsequent decision on July 10, 2020, awarded a lump sum of $68,491.26, comprising $67,500.00 for pain and suffering and $991.26 for unreimbursed medical expenses, based on a stipulation between the parties. Petitioner was represented by Bridget Candace McCullough and Respondent by Mark Hellie.
Source PDFs
USCOURTS-cofc-1_18-vv-01668