Rhonda Ury v. HHS - Influenza, left shoulder injuries related to vaccine administration (2021)

Rhonda Ury filed a petition on March 31, 2020, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccine received on August 23, 2018. The respondent filed a Rule 4(c) report on August 4, 2021, conceding entitlement to compensation.

The respondent agreed that Ms. Ury had no recent history of left shoulder pain, inflammation, or dysfunction that would explain the signs, symptoms, examination findings, or diagnostic studies occurring after the vaccine injection; that the pain was limited to the shoulder where the vaccine was administered; and that no other condition or abnormality was identified to explain the left shoulder pain.

The respondent also agreed that Ms. Ury suffered residual effects of her condition for more than six months.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 4, 2021, finding Ms.

Ury entitled to compensation. Subsequently, on August 18, 2021, the respondent filed a Proffer on Award of Compensation, recommending an award of $55,000.00, which Ms.

Ury agreed to. On September 17, 2021, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Ms.

Ury a lump sum payment of $55,000.00 for pain and suffering, payable by check to Ms. Ury.

The decision noted that Ms. Ury is a competent adult and that no guardianship evidence was required.

The award represents compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by James Vincent Lopez of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic studies, or treatments.