Denise Summer v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Denise Summer filed a petition for compensation under the National Vaccine Injury Compensation Program on April 13, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on October 3, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 19, 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 August 19, 2021, finding the petitioner entitled to compensation.
Subsequently, on September 22, 2021, the parties submitted a proffer on damages. Chief Special Master Corcoran issued a Decision on Damages on October 27, 2021, awarding Denise Summer a total of $65,350.07.
This award consisted of $65,000.00 for pain and suffering and $350.07 for past unreimbursable expenses. The award represents compensation for all damages available under Section 15(a) of the Vaccine Act.
Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and the respondent was represented by Lauren Kells of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Denise Summer filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 3, 2018. The respondent conceded that the claim met the Table criteria for SIRVA. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 19, 2021, finding the petitioner entitled to compensation. A subsequent Decision on Damages, issued by Chief Special Master Corcoran on October 27, 2021, awarded Denise Summer $65,350.07, comprising $65,000.00 for pain and suffering and $350.07 for past unreimbursable expenses. The award was based on a stipulation between the parties, with the respondent's counsel being Lauren Kells and petitioner's counsel being Bridget Candace McCullough. The specific mechanism of injury, medical evidence, or expert testimony was not detailed in the provided public text, as the case was resolved via concession and stipulation based on the Table criteria for SIRVA.
Source PDFs
USCOURTS-cofc-1_20-vv-00418