Jean Robey v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Jean Robey filed a petition for compensation under the National Vaccine Injury Compensation Program on December 4, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 2, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on June 14, 2021, conceding that the petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation.
Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 16, 2021, finding petitioner eligible for compensation.
Subsequently, on August 22, 2021, the respondent filed a proffer on the award of compensation, recommending an award of $70,000.00 for pain and suffering, which the petitioner agreed to. On October 13, 2021, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Jean Robey a lump sum payment of $70,000.00, representing compensation for all damages available under the Act.
The decision was based on the proffer agreement between the parties. Petitioner was represented by Jason Robert Ohliger of Zimmerman & Ohliger, LLC, and respondent was represented by Christine Mary Becer of the U.S.
Department of Justice.
Theory of causation
Petitioner Jean Robey alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 2, 2018. The respondent conceded that the claim met the Table criteria for SIRVA. The case was ruled on entitlement on June 16, 2021, by Chief Special Master Brian H. Corcoran, finding petitioner entitled to compensation. A subsequent decision on October 13, 2021, by Chief Special Master Corcoran awarded $70,000.00 as a lump sum payment for pain and suffering, based on a proffer agreement between the parties. Petitioner was represented by Jason Robert Ohliger, and respondent was represented by Christine Mary Becer. The specific mechanism of injury and expert testimony are not detailed in the provided public text, but the outcome was compensation based on the Table injury criteria.
Source PDFs
USCOURTS-cofc-1_19-vv-01839