Lisa V. Adams v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Filed 2019-10-25Decided 2020-04-14Vaccine Influenza
compensated$45,040

Case summary [AI summaries can sometimes make mistakes]

Lisa V. Adams filed a petition for compensation under the National Vaccine Injury Compensation Program on November 20, 2018.

She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received in her left deltoid on October 16, 2017. Ms.

Adams further alleged that her injury met the Table definition for SIRVA, that she suffered residual effects for more than six months, and that she continues to suffer these effects. She also stated that neither she nor any other party had received compensation for her vaccine-caused injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 24, 2019, conceding that Ms. Adams was entitled to compensation.

The respondent specifically agreed that the petitioner suffered a Table injury of left SIRVA and had satisfied all legal prerequisites for compensation under the Act. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on October 25, 2019, finding Ms. Adams entitled to compensation.

Subsequently, on March 11, 2020, the respondent filed a proffer on the award of damages. The proffer indicated that Ms.

Adams should be awarded $45,040.67, comprising $45,000.00 for pain and suffering and $40.67 for past unreimbursable expenses. The proffer stated that Ms.

Adams agreed with this proposed award. Chief Special Master Corcoran issued a Decision Awarding Damages on April 14, 2020, awarding Ms.

Adams a lump sum payment of $45,040.67, payable by check to Ms. Adams.

This amount represented compensation for all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent was represented by Voris Edward Johnson of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the medical expert witnesses involved in this case.

Theory of causation

Petitioner Lisa V. Adams alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 16, 2017, which she claimed met the Table definition. The respondent conceded entitlement, agreeing that petitioner suffered a Table injury of left SIRVA and satisfied all legal prerequisites. The case proceeded to an award based on a stipulation. The award was $45,040.67, consisting of $45,000.00 for pain and suffering and $40.67 for past unreimbursable expenses. Chief Special Master Brian H. Corcoran issued the Ruling on Entitlement on October 25, 2019, and the Decision Awarding Damages on April 14, 2020. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Voris Edward Johnson.

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