Courtney Graham v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Courtney Graham filed a petition for compensation under the National Vaccine Injury Compensation Program on October 10, 2018, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on December 13, 2017. The respondent, the Secretary of Health and Human Services, reviewed the medical records and filed a Rule 4(c) report on July 10, 2020, conceding that Ms.
Graham is entitled to compensation. The respondent agreed that Ms.
Graham satisfied all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran ruled on July 14, 2020, that Ms. Graham is entitled to compensation.
The case was proceeding to determine the amount of damages. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Debra A.
Filteau Begley of the U.S. Department of Justice.
Theory of causation
Petitioner Courtney Graham filed a petition alleging a right shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on December 13, 2017. The respondent conceded entitlement to compensation, agreeing that Petitioner satisfied all legal prerequisites under the Vaccine Act. The Special Master's ruling on entitlement was issued on July 14, 2020, by Chief Special Master Brian H. Corcoran. The theory of causation is based on the "Table" injury provision of the Vaccine Act. The public text does not name specific medical experts or detail the mechanism of injury beyond it being a "Table" injury. Petitioner was represented by Leah VaSahnja Durant and respondent by Debra A. Filteau Begley. The case was proceeding to determine damages.
Source PDFs
USCOURTS-cofc-1_18-vv-01896