Veronica Sanderson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2019-03-18Decided 2021-07-08Vaccine Influenza
compensated$160,000

Case summary [AI summaries can sometimes make mistakes]

Veronica Sanderson filed a petition for compensation under the National Vaccine Injury Compensation Program on March 18, 2019. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on October 4, 2016.

The petition stated that the vaccination occurred in the United States, that the residual effects of the SIRVA lasted for more than six months, and that neither Ms. Sanderson nor any other party had filed a civil action or received compensation for her injury.

The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 27, 2020, conceding that Ms. Sanderson was entitled to compensation.

The respondent concluded that the alleged injury was consistent with SIRVA caused by the administration of the flu vaccine on October 4, 2016, and that Ms. Sanderson had 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 issued a ruling on entitlement on April 27, 2020, finding Ms.

Sanderson entitled to compensation. Subsequently, on June 8, 2021, the parties filed a joint stipulation agreeing that Ms.

Sanderson should be awarded $160,000.00. The stipulation noted that Ms.

Sanderson sustained a left shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table following receipt of the flu vaccination, and that there was no preponderance of the evidence demonstrating the SIRVA was due to an unrelated factor. The stipulation also represented that there had been no prior award or settlement of a civil action for damages related to her SIRVA injury.

Chief Special Master Corcoran issued a decision on June 8, 2021, awarding Ms. Sanderson a lump sum payment of $160,000.00, payable by check to Veronica Sanderson.

This amount was stated to represent compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Debra A.

Filteau Begley of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation

Petitioner Veronica Sanderson received an influenza vaccine on October 4, 2016. She alleged and was found to have sustained a shoulder injury related to vaccine administration (SIRVA), which is a condition listed in the Vaccine Injury Table. The respondent conceded that the alleged injury was consistent with SIRVA caused by the flu vaccine and that petitioner met all legal prerequisites for compensation. The stipulation stated that there was not a preponderance of the evidence demonstrating that petitioner's SIRVA was due to a factor unrelated to the vaccination. The case proceeded to a damages decision based on a joint stipulation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 27, 2020, and a decision awarding damages on June 8, 2021. Petitioner was awarded a lump sum of $160,000.00. Petitioner was represented by Ronald Craig Homer, and respondent was represented by Debra A. Filteau Begley.

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