Karen Godwin v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2019-12-30Decided 2021-09-16Vaccine Influenza
compensated$93,500

Case summary [AI summaries can sometimes make mistakes]

Karen Godwin filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2019, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 26, 2018. The petition stated that the vaccine was administered in the United States, that the residual effects of her SIRVA lasted for more than six months, and that no civil action had been filed or compensation received for her injury.

The respondent filed a Rule 4(c) report on June 25, 2021, conceding that Ms. Godwin was entitled to compensation because her injury met the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation.

On June 28, 2021, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms.

Godwin entitled to compensation. Subsequently, on August 16, 2021, the respondent filed a proffer on award of compensation.

The proffer indicated that Ms. Godwin should be awarded $93,500.00 for pain and suffering, and that Ms.

Godwin agreed with this proffered award. Chief Special Master Corcoran issued a decision on September 16, 2021, awarding Ms.

Godwin a lump sum payment of $93,500.00, payable by check to Ms. Godwin, representing compensation for her pain and suffering.

Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Ida Nassar of the U.S. Department of Justice.

Theory of causation

Karen Godwin filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 26, 2018. The respondent conceded entitlement, agreeing that the injury met the Vaccine Injury Table definition for SIRVA. The respondent's Rule 4(c) report filed June 25, 2021, indicated the case was appropriate for compensation under the Act for a SIRVA Table injury. A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on June 28, 2021, finding Petitioner entitled to compensation. On August 16, 2021, Respondent filed a proffer recommending an award of $93,500.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran issued a decision on September 16, 2021, awarding Petitioner a lump sum payment of $93,500.00, payable to Petitioner, for pain and suffering. Petitioner was represented by Leigh Finfer (Muller Brazil, LLP) and Respondent by Ida Nassar (U.S. Department of Justice).

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