Paoshoua Vue v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Paoshoua Vue filed a petition on January 8, 2020, alleging that an influenza vaccine received on October 26, 2018, caused a shoulder injury related to vaccine administration (SIRVA). The respondent filed a Rule 4(c) report on May 28, 2021, conceding entitlement to compensation.
The respondent agreed that Ms. Vue had no prior shoulder issues, experienced pain within 48 hours of vaccination, that her symptoms were localized to the affected shoulder, and that there was no other condition to explain her symptoms.
The respondent also confirmed the vaccination occurred in the United States and that the injury's residual effects lasted over six months. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on June 1, 2021, finding Ms. Vue entitled to compensation for a left SIRVA.
Subsequently, on July 20, 2021, the respondent filed a proffer on the award of compensation. On August 23, 2021, Chief Special Master Corcoran issued a decision awarding damages based on this proffer.
The parties agreed to an award of $54,000.00 for pain and suffering and $110.00 for past unreimbursable expenses, totaling $54,110.00. Ms.
Vue is a competent adult. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and respondent was represented by Catherine Elizabeth Stolar of the U.S.
Department of Justice.
Theory of causation
Petitioner Paoshoua Vue alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on October 26, 2018. The respondent conceded entitlement, agreeing that Petitioner had no prior shoulder issues, experienced pain within 48 hours of vaccination, symptoms were localized to the affected shoulder, and residual effects lasted over six months. The respondent also confirmed vaccination in the U.S. The case was determined to be a Table Injury. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 1, 2021, and a damages decision on August 23, 2021. The award was based on a proffer agreed to by both parties, totaling $54,110.00 ($54,000.00 for pain and suffering and $110.00 for past unreimbursable expenses). Petitioner was represented by Jessica Olins (Maglio Christopher & Toale, PA) and respondent by Catherine E. Stolar (U.S. Department of Justice).
Source PDFs
USCOURTS-cofc-1_20-vv-00024