Denissa Harte v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2020-04-17Decided 2021-10-28Vaccine Influenza
compensated$104,210

Case summary [AI summaries can sometimes make mistakes]

On April 17, 2020, Denissa Harte filed a petition under the Vaccine Act after receiving an influenza vaccine on September 14, 2018. She alleged that the injection caused a left shoulder injury related to vaccine administration, or SIRVA, and the case was assigned to the Special Processing Unit.

The public record contains an entitlement ruling and a damages decision, but it does not provide a detailed treatment timeline beyond the SIRVA criteria addressed in respondent's Rule 4(c) report. Respondent conceded entitlement on September 24, 2021, agreeing that Harte had no recent history of left shoulder pain, inflammation, or dysfunction that would explain her symptoms, that her shoulder pain began within 48 hours of the intramuscular vaccination, that the pain was limited to the vaccinated shoulder, that no other condition explained it, and that the residual effects lasted more than six months.

Chief Special Master Brian H. Corcoran found Harte entitled to compensation on September 24, 2021.

Respondent then filed a corrected proffer on October 27, 2021 after an initial calculation error was stricken. On October 28, 2021, the Chief Special Master awarded a lump sum of $104,210.92, payable to Harte, consisting of $100,000.00 for pain and suffering and $4,210.92 for past unreimbursable expenses.

Harte was represented by Leigh Finfer of Muller Brazil, LLP.

Theory of causation

Influenza vaccine (September 14, 2018) causing left shoulder injury related to vaccine administration (SIRVA). COMPENSATED. Respondent conceded a Table SIRVA: no recent left shoulder pain/inflammation/dysfunction, onset of shoulder pain within 48 hours after intramuscular vaccination, pain limited to the vaccinated shoulder, no alternate condition identified, and residual effects for more than six months. Entitlement granted by Chief Special Master Brian H. Corcoran on September 24, 2021; damages awarded October 28, 2021. Award: $104,210.92 lump sum payable to Denissa Harte ($100,000.00 pain and suffering + $4,210.92 past unreimbursable expenses). Attorney: Leigh Finfer, Muller Brazil, LLP, Dresher, PA.

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