Amy Skopak v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Amy Skopak filed a petition for compensation under the National Vaccine Injury Compensation Program on January 3, 2019, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 28, 2017. The respondent filed a Rule 4(c) report on February 28, 2020, conceding that the petitioner met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table.
On March 6, 2020, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding the petitioner entitled to compensation.
Subsequently, on June 11, 2020, the respondent filed a proffer on the award of compensation, recommending an award of $69,286.35, which the petitioner agreed with. The award was comprised of $67,500.00 for pain and suffering and $1,786.35 for past unreimbursable out-of-pocket medical expenses.
Chief Special Master Corcoran issued a decision on July 16, 2020, awarding the petitioner a lump sum payment of $69,286.35. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Traci R. Patton of the U.S.
Department of Justice.
Theory of causation
Petitioner Amy Skopak alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on September 28, 2017. The respondent conceded that the petitioner met the criteria for a presumed SIRVA as defined by the Vaccine Injury Table. The case was decided based on this concession and the evidence of record. Chief Special Master Brian H. Corcoran ruled on entitlement on March 6, 2020, and subsequently awarded damages on July 16, 2020. The award totaled $69,286.35, consisting of $67,500.00 for pain and suffering and $1,786.35 for past unreimbursable out-of-pocket medical expenses. Petitioner was represented by Leah VaSahnja Durant and respondent by Traci R. Patton.
Source PDFs
USCOURTS-cofc-1_19-vv-00012