Lindsay Ward v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Lindsay Ward filed a petition for compensation under the National Vaccine Injury Compensation Program on October 31, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on September 30, 2018. The respondent filed a Rule 4(c) report conceding that Ms.
Ward's claim met the Table criteria for SIRVA and that she satisfied the statutory and jurisdictional requirements, thus conceding entitlement to compensation. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on April 30, 2021, finding Ms. Ward entitled to compensation.
Subsequently, on June 11, 2021, Chief Special Master Corcoran issued a Decision Awarding Damages based on a proffer. The respondent had filed a proffer on June 10, 2021, recommending an award of $50,370.00, representing all elements of compensation to which Ms.
Ward would be entitled under 42 U.S.C. § 300aa-15(a). Ms.
Ward, an adult, agreed with this proffered award. The decision states that the vaccine was received in the United States and that Ms.
Ward satisfied the statutory severity requirement by suffering residual effects or complications for more than six months after vaccination. Chief Special Master Corcoran awarded Ms.
Ward a lump sum payment of $50,370.00, payable to her, as compensation for all damages. Petitioner was represented by Amy A.
Senerth of Muller Brazil, LLP, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.
The decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The public decision does not name any medical experts.
Theory of causation
Petitioner Lindsay Ward alleged a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on September 30, 2018. The respondent conceded that the claim met the Table criteria for SIRVA and that petitioner satisfied statutory and jurisdictional requirements. The case proceeded to a damages decision based on a proffer. Petitioner is a competent adult and agreed with the proffered award. The respondent recommended, and the Special Master awarded, $50,370.00 as a lump sum payment for all damages under 42 U.S.C. § 300aa-15(a). The public text does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The theory of causation is based on the respondent's concession that the injury meets the Table criteria for SIRVA. Decision date: July 12, 2021. Attorneys: Amy A. Senerth for petitioner, Claudia Barnes Gangi for respondent. Special Master: Brian H. Corcoran.
Source PDFs
USCOURTS-cofc-1_19-vv-01698