Kristen Ammerman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Kristen Ammerman filed a petition for vaccine injury compensation on November 6, 2018, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on December 2, 2016. The respondent filed a Rule 4(c) report on December 27, 2019, conceding that the petitioner's claim met the Table criteria for SIRVA and that she was entitled to a presumption of vaccine causation.
Based on this concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 31, 2019, finding Ms.
Ammerman eligible for compensation. Subsequently, on January 8, 2020, the respondent filed a proffer on the award of compensation.
The proffer stated that Ms. Ammerman should be awarded $107,351.45, which included $105,000.00 for pain and suffering and $2,351.45 for unreimbursable expenses.
The petitioner agreed with this proffered award. Chief Special Master Corcoran accepted the proffer in a decision dated January 9, 2020, and awarded Ms.
Ammerman a lump sum of $107,351.45, payable by check to the petitioner. Petitioner counsel was Alison H.
Haskins of Maglio Christopher & Toale, PA, and respondent counsel was Heather Lynn Pearlman of the U.S. Department of Justice.
The decision was issued by Chief Special Master Brian H. Corcoran.
Theory of causation
Petitioner Kristen Ammerman alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on December 2, 2016. Respondent conceded that the claim met the Table criteria for SIRVA and entitled the petitioner to a presumption of vaccine causation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 31, 2019, finding the petitioner eligible for compensation based on the respondent's concession. On January 8, 2020, respondent proffered an award of $107,351.45, consisting of $105,000.00 for pain and suffering and $2,351.45 for unreimbursable expenses, which the petitioner accepted. Chief Special Master Corcoran issued a decision awarding this amount on January 9, 2020. Petitioner counsel was Alison H. Haskins, and respondent counsel was Heather Lynn Pearlman.
Source PDFs
USCOURTS-cofc-1_18-vv-01721