Stella Marine v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Stella Marine filed a petition for compensation under the National Vaccine Injury Compensation Program on December 27, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 8, 2017. The case was assigned to the Special Processing Unit.
On February 12, 2020, the Respondent filed a Rule 4(c) report conceding that Petitioner's injury satisfied the criteria of the Vaccine Injury Table for SIRVA and that no other cause for her condition was identified, leading to a ruling on entitlement. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on February 14, 2020, finding Petitioner entitled to compensation. Subsequently, on March 11, 2021, the parties filed a proffer on award of damages.
The Respondent recommended an award of $40,000.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Brian H.
Corcoran issued a decision on April 12, 2021, awarding Stella Marine a lump sum payment of $40,000.00 for pain and suffering, representing compensation for all damages available under the Act. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Jennifer Leigh Reynaud.
The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Stella Marine alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on December 8, 2017. The Respondent conceded that the injury satisfied the criteria of the Vaccine Injury Table for SIRVA and that no other identified cause existed for the condition, with medical records demonstrating residual effects for more than six months. The case was decided based on this concession and the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 14, 2020, and a decision awarding damages on April 12, 2021. The award was a lump sum of $40,000.00 for pain and suffering, representing compensation for all damages available under the Act. Petitioner was represented by Leah VaSahnja Durant, and Respondent was represented by Jennifer Leigh Reynaud.
Source PDFs
USCOURTS-cofc-1_18-vv-01974