Janet Niemi v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Janet Niemi filed a petition for compensation under the National Vaccine Injury Compensation Program on October 2, 2019, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 16, 2019. Initially, the Respondent opposed the claim, arguing that the injury did not manifest within 48 hours of vaccination.
On September 13, 2021, following a ruling on August 10, 2021, by Chief Special Master Brian H. Corcoran, that Petitioner's left shoulder pain began within 48 hours of vaccination, the Respondent conceded entitlement.
The case then proceeded to determine damages. On July 5, 2022, Chief Special Master Corcoran issued a decision awarding Janet Niemi $75,000.00 for pain and suffering and $810.00 for past unreimbursable expenses, totaling $75,810.00.
The injury was classified as a Table SIRVA claim. Petitioner's counsel was David John Carney of Green & Schafle LLC, and Respondent's counsel was Mollie Danielle Gorney, and later Camille Collett, from the U.S.
Department of Justice. The public decision does not describe the specific mechanism of injury or name any medical experts.
The decision details the Petitioner's medical history, including visits to primary care providers and orthopedists, physical therapy, and steroid injections, noting that her symptoms improved with conservative treatment but continued to cause pain and limited range of motion. The Special Master compared Petitioner's case to several prior SIRVA cases to determine the appropriate award for pain and suffering, ultimately finding $75,000.00 to be fair compensation.
The award for past unreimbursable expenses was based on co-pays for medical visits related to the injury. The award was a lump sum payment.