Paula F. Peterson v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Paula F. Peterson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 16, 2018.
She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on January 10, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on December 30, 2019, conceding that Ms.
Peterson was entitled to compensation. The respondent agreed that her condition met the criteria set forth in the Vaccine Injury Table for SIRVA and that she had satisfied all legal prerequisites for compensation under the Vaccine Act.
Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 31, 2019, finding Ms.
Peterson entitled to compensation. Subsequently, the parties submitted a proffer on damages.
On July 13, 2020, the respondent filed a proffer recommending an award of $62,500.00 for actual and projected pain and suffering, with projected pain and suffering reduced to net present value. The proffer stated that Ms.
Peterson agreed with this award. Chief Special Master Corcoran issued a decision on August 12, 2020, awarding Ms.
Peterson a lump sum payment of $62,500.00, representing compensation for all damages available under the Vaccine Act. The award was to be paid in the form of a check payable to Ms.
Peterson. Douglas Lee Burdette represented the petitioner, and Jennifer Leigh Reynaud represented the respondent.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Paula F. Peterson alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on January 10, 2017. The respondent conceded entitlement, agreeing that the condition met the criteria set forth in the Vaccine Injury Table for SIRVA and that Petitioner satisfied all legal prerequisites. The public text does not detail specific medical evidence, expert testimony, or a proposed mechanism of injury beyond the Table definition. The case resulted in a concession of entitlement and an award of $62,500.00 for actual and projected pain and suffering, reduced to net present value, paid as a lump sum. Chief Special Master Brian H. Corcoran issued the ruling on entitlement on December 31, 2019, and the damages decision on August 12, 2020. Petitioner was represented by Douglas Lee Burdette, and respondent by Jennifer Leigh Reynaud.
Source PDFs
USCOURTS-cofc-1_18-vv-01766