Jessica Sandner v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Jessica Sandner filed a petition on October 23, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 6, 2018. The respondent filed a Rule 4(c) report on May 3, 2021, conceding that Ms.
Sandner was entitled to compensation. The respondent concluded that Ms.
Sandner met the criteria for a SIRVA as defined in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. On May 4, 2021, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement, finding Ms. Sandner entitled to compensation.
Subsequently, on May 24, 2022, the respondent filed a proffer on award of compensation, recommending a lump sum of $70,000.00 for pain and suffering, which Ms. Sandner agreed to.
Ms. Sandner is a competent adult.
On June 30, 2022, Chief Special Master Corcoran issued a decision awarding Ms. Sandner a lump sum of $70,000.00, payable by check to Petitioner, representing all damages available under Section 15(a) of the Vaccine Act.
Petitioner was represented by Richard Gage of Richard Gage, P.C., 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, symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Jessica Sandner alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 6, 2018. The respondent conceded entitlement, agreeing that the injury met the criteria for a SIRVA as defined in the Vaccine Injury Table. The case proceeded to an award of compensation based on a proffer. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 4, 2021, and a decision awarding damages on June 30, 2022. The award was a lump sum of $70,000.00 for pain and suffering, representing all damages available under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Richard Gage, P.C., and respondent was represented by the U.S. Department of Justice. The specific mechanism of injury, medical evidence, or expert testimony supporting the SIRVA diagnosis were not detailed in the provided public text.
Source PDFs
USCOURTS-cofc-1_19-vv-01648