Natalie Litrun v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Filed 2021-02-24Decided 2021-09-20Vaccine Influenza
compensated$67,500

Case summary [AI summaries can sometimes make mistakes]

Natalie Litrun filed a petition for compensation under the National Vaccine Injury Compensation Program on July 17, 2019, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccine administered on September 19, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 23, 2021, conceding that Petitioner's alleged injury was consistent with a SIRVA injury as defined on the Vaccine Injury Table and that she suffered residual effects for more than six months.

Based on this concession, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 24, 2021, finding Petitioner eligible for compensation.

Subsequently, on August 19, 2021, the parties filed a proffer on the award of damages. The respondent proposed an award of $67,500.00 for all damages, including pain and suffering, which Petitioner agreed to.

Chief Special Master Corcoran accepted this proffer and issued a decision on September 20, 2021, awarding Natalie Litrun a lump sum payment of $67,500.00, payable by check to Petitioner. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.

Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and Respondent was represented by Jennifer Leigh Reynaud of the U.S.

Department of Justice.

Theory of causation

Petitioner Natalie Litrun alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) from an influenza vaccine received on September 19, 2017. The Respondent conceded that the alleged injury was consistent with a SIRVA injury as defined on the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. This concession led to a ruling on entitlement by Chief Special Master Brian H. Corcoran on February 24, 2021. A subsequent proffer on award of damages, filed by Respondent on August 19, 2021, proposed a lump sum payment of $67,500.00 for all damages, including pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran issued a decision on September 20, 2021, awarding the $67,500.00 lump sum. The public text does not detail the specific mechanism of injury or name any medical experts. Petitioner was represented by Paul R. Brazil and Respondent by Jennifer L. Reynaud.

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