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

Filed 2019-06-25Decided 2020-10-28Vaccine Influenza
compensated$60,000

Case summary [AI summaries can sometimes make mistakes]

Lisa Simmons filed a petition for compensation under the National Vaccine Injury Compensation Program on June 25, 2019, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on October 21, 2016. The case was assigned to the Special Processing Unit.

On September 25, 2020, the Respondent filed a Rule 4(c) report conceding that Petitioner is entitled to compensation, agreeing that her injury satisfied the Table criteria for SIRVA and that she had met all legal prerequisites for compensation under the Vaccine Act. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on September 25, 2020, finding Petitioner entitled to compensation. Subsequently, on September 28, 2020, Respondent filed a proffer on the award of compensation, proposing a lump sum payment of $60,000.00, representing compensation for all elements available under the Vaccine Act, including pain and suffering.

The Petitioner, a competent adult, agreed with the proffered award. Chief Special Master Corcoran issued a Decision Awarding Damages on October 28, 2020, awarding Petitioner a lump sum payment of $60,000.00 in the form of a check payable to Petitioner.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Jeremy Fugate of the U.S.

Department of Justice.

Theory of causation

Petitioner Lisa Simmons alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 21, 2016. The Respondent conceded entitlement to compensation, agreeing that the injury satisfied the Table criteria for SIRVA. The case proceeded as a Table claim. The public decision does not detail the specific mechanism of injury, medical experts, or competing medical theories. On September 25, 2020, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement finding Petitioner entitled to compensation. On September 28, 2020, a Decision Awarding Damages was issued, awarding Petitioner a lump sum of $60,000.00 for pain and suffering, representing all elements of compensation available under 42 U.S.C. § 300aa-15(a). Petitioner agreed with the proffered award. Petitioner was represented by John Robert Howie, and Respondent was represented by Jeremy Fugate.

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