Peter D. Burke v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Peter D. Burke filed a petition on July 30, 2019, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 11, 2017.
The case was assigned to the Special Processing Unit. On December 4, 2020, the Respondent conceded that Mr.
Burke was entitled to compensation, stating that his condition met the criteria of the Vaccine Injury Table and the Qualifications and Aids to Interpretation. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on December 4, 2020, finding Mr. Burke eligible for compensation.
Subsequently, on March 24, 2021, the Respondent filed a proffer recommending an award of $65,000.00 for pain and suffering, which Mr. Burke accepted.
On April 27, 2021, Chief Special Master Corcoran awarded Mr. Burke a lump sum payment of $65,000.00, representing compensation for all damages available under the Vaccine Act.
Petitioner was represented by Richard H. Moeller of Moore, Heffernan, et al., and Respondent was represented by Lauren Kells of the U.S.
Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Peter D. Burke alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 11, 2017. Respondent conceded that Petitioner satisfied the criteria set forth in the Vaccine Injury Table (Table) and the Qualifications and Aids to Interpretation (QAI). Chief Special Master Brian H. Corcoran issued a ruling on entitlement on December 4, 2020, finding Petitioner entitled to compensation. On March 24, 2021, Respondent filed a proffer recommending an award of $65,000.00 for pain and suffering, which Petitioner accepted. On April 27, 2021, Chief Special Master Corcoran awarded Petitioner a lump sum of $65,000.00. Petitioner was represented by Richard H. Moeller, and Respondent was represented by Lauren Kells. The specific mechanism of injury, medical evidence, and expert testimony are not detailed in the provided public text.
Source PDFs
USCOURTS-cofc-1_19-vv-01102