Halie Lange v. HHS - Influenza, left shoulder injuries (2021)

Halie Lange filed a petition for compensation under the National Vaccine Injury Compensation Program on August 19, 2019, alleging that she suffered left shoulder injuries resulting from an influenza vaccination received on January 29, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 4, 2021, conceding that Ms.

Lange was entitled to compensation. The respondent determined that Ms.

Lange met the criteria for a Shoulder Injury Related to Vaccine Administration (SIRVA) as defined by the Vaccine Injury Table and its Qualifications and Aids to Interpretation. Specifically, the respondent noted that Ms.

Lange had no prior history of left shoulder pain, inflammation, or dysfunction; her pain and reduced range of motion occurred within 48 hours of the vaccination; her symptoms were localized to the shoulder where the vaccine was administered; and no other condition or abnormality explained her initial symptoms. The respondent also agreed that the scope of damages should be limited to her SIRVA and related sequelae.

On February 22, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms.

Lange entitled to compensation. Subsequently, on July 23, 2021, the respondent filed a proffer on the award of compensation, proposing an award of $85,000.00.

The proffer stated that this amount represented compensation for pain and suffering and that Ms. Lange agreed with the proffered award.

On August 27, 2021, Chief Special Master Corcoran issued a decision awarding Ms. Lange a lump sum payment of $85,000.00, payable by check to Petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a).

Petitioner was represented by Brittany S. Cates of Faxon Law Group, and the respondent was represented by Kyle Edward Pozza of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms beyond occurring within 48 hours of vaccination, nor does it detail specific medical tests or treatments.

The mechanism of injury is presumed to be SIRVA under the Vaccine Injury Table.