Shannon Cobb v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Shannon Cobb filed a petition for compensation under the National Vaccine Injury Compensation Program on October 23, 2019, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on October 29, 2016. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 29, 2021, conceding that Petitioner is entitled to compensation.
The respondent agreed that Petitioner met the criteria set forth in the Vaccine Injury Table and that she experienced residual effects of her SIRVA for more than six months. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on July 2, 2021, finding Petitioner entitled to compensation. Subsequently, on November 9, 2021, the respondent filed a proffer on the award of compensation.
Petitioner's counsel was Jason Phillip Osteen of Dempsey & Kingsland, P.C., and respondent's counsel was Lauren Kells of the U.S. Department of Justice.
The respondent proffered an award of $110,000.00 for pain and suffering, to which Petitioner agreed. Chief Special Master Brian H.
Corcoran issued a decision on November 10, 2021, awarding Shannon Cobb a lump sum payment of $110,000.00 for pain and suffering. The decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as SIRVA.
The public decision does not name any medical experts.
Theory of causation
Petitioner Shannon Cobb alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 29, 2016. The respondent conceded entitlement, agreeing that the condition met the criteria set forth in the Vaccine Injury Table and that residual effects lasted more than six months. The theory of causation is based on a Table injury. No specific medical experts were named in the public decision. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 2, 2021, and a decision awarding damages on November 10, 2021. The award was a lump sum of $110,000.00 for pain and suffering, agreed upon by both parties. Petitioner was represented by Jason Phillip Osteen, and Respondent was represented by Lauren Kells.
Source PDFs
USCOURTS-cofc-1_19-vv-01645