Eva Gordon v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Eva Gordon filed a petition for compensation under the National Vaccine Injury Compensation Program on January 31, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 6, 2018. The case was assigned to the Special Processing Unit.
On October 5, 2022, the Special Master determined that the vaccination was administered to Petitioner in the right arm/shoulder on October 6, 2018. In response, the Respondent filed an Amended Rule 4(c) Report on November 14, 2022, conceding that Ms.
Gordon suffered SIRVA as defined by the Vaccine Injury Table and satisfied all legal prerequisites for compensation, while preserving the right to appeal the October 5, 2022, findings of fact. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on December 23, 2022, finding Petitioner entitled to compensation. Subsequently, on February 7, 2023, the parties submitted a proffer on the award of compensation.
The Respondent proffered that Petitioner should be awarded $62,500.00, representing all elements of compensation available under the Act, and Petitioner agreed. On March 13, 2023, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Ms.
Gordon a lump sum payment of $62,500.00, payable by check to Petitioner. Petitioner was represented by Jeffrey S.
Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Sarah Black Rifkin of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Eva Gordon alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 6, 2018. The Respondent conceded that Petitioner suffered SIRVA as defined by the Vaccine Injury Table and satisfied all legal prerequisites for compensation, following the Court's finding that the vaccination occurred on the alleged date. The case proceeded based on this concession. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 23, 2022, finding Petitioner entitled to compensation. A subsequent Proffer on Award of Compensation, filed by Respondent on February 7, 2023, proposed an award of $62,500.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), to which Petitioner agreed. Chief Special Master Corcoran issued a Decision Awarding Damages on March 13, 2023, awarding a lump sum of $62,500.00 to Petitioner. Petitioner was represented by Jeffrey S. Pop, and Respondent by Sarah Black Rifkin. The public text indicates a "Table Injury" theory, and the specific mechanism of injury, onset, symptoms, and medical experts are not detailed in the provided public documents.