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

Filed 2019-08-14Decided 2021-04-27Vaccine Influenza
compensated$70,700

Case summary [AI summaries can sometimes make mistakes]

Rebecca Alger filed a petition for compensation under the National Vaccine Injury Compensation Program on August 14, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 21, 2018. The respondent conceded that the petitioner suffered a SIRVA that met the definition of a Table SIRVA and was entitled to compensation.

A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on January 15, 2021.

Subsequently, on March 26, 2021, the respondent filed a proffer proposing an award of $70,700.00. This amount consisted of $70,000.00 for pain and suffering and $700.00 for past unreimbursable expenses.

The petitioner agreed with this proffered award. Chief Special Master Brian H.

Corcoran issued a decision on April 27, 2021, awarding the petitioner a lump sum payment of $70,700.00, payable by check to Ms. Alger.

The decision noted that the award represented compensation for all damages available under § 15(a) of the Vaccine Act. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent was represented by Lauren Kells of the U.S. Department of Justice.

Theory of causation

Petitioner Rebecca Alger filed a petition on August 14, 2019, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 21, 2018. The injury met the definition of a Table SIRVA. Respondent conceded entitlement to compensation. A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on January 15, 2021. On March 26, 2021, Respondent filed a proffer on award of compensation, proposing $70,000.00 for pain and suffering and $700.00 for past unreimbursable expenses, totaling $70,700.00. Petitioner agreed with the proffer. Chief Special Master Corcoran issued a decision on April 27, 2021, awarding the lump sum of $70,700.00. Petitioner was represented by Leah VaSahnja Durant and respondent by Lauren Kells. The public text does not describe the specific mechanism of injury, medical experts, or detailed clinical facts beyond the condition and vaccine.

Source PDFs 3 total · 2 downloaded