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

Filed 2021-08-23Decided 2021-09-29Vaccine Influenza
compensated$80,551

Case summary [AI summaries can sometimes make mistakes]

Laura Hauer filed a petition for compensation under the National Vaccine Injury Compensation Program on May 7, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 30, 2017. The petition stated that the vaccine was administered in the United States, that she continued to suffer residual effects more than six months post-vaccination, and that no civil action had been filed or compensation received for the SIRVA.

The case was assigned to the Special Processing Unit. On August 23, 2021, the Respondent filed a Rule 4(c) report conceding that Ms.

Hauer was entitled to compensation, finding that she met the criteria for a presumed SIRVA, which is a Table injury, and that she had satisfied all legal prerequisites for compensation. Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on August 23, 2021, finding Ms. Hauer entitled to compensation.

Subsequently, on August 26, 2021, the Respondent filed a proffer on the award of compensation. On September 29, 2021, Chief Special Master Corcoran issued a Decision Awarding Damages.

The parties agreed to a proffer of compensation, and Ms. Hauer was awarded a total of $80,551.47.

This award consisted of $77,500.00 for pain and suffering and $3,051.47 for unreimbursable expenses, to be paid as a lump sum check payable to Ms. Hauer.

Ms. Hauer is a competent adult.

Petitioner counsel was David John Carney of Green & Schafle LLC, and respondent counsel was Lara Ann Englund 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

Laura Hauer filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on November 30, 2017. The Respondent conceded that Petitioner met the criteria for a presumed SIRVA, a Table injury, and satisfied all legal prerequisites for compensation. A Ruling on Entitlement was issued on August 23, 2021, finding Petitioner entitled to compensation. A subsequent Decision Awarding Damages was issued on September 29, 2021, based on a proffer agreed to by both parties. Petitioner was awarded $80,551.47, comprising $77,500.00 for pain and suffering and $3,051.47 for unreimbursable expenses, paid as a lump sum. Chief Special Master Brian H. Corcoran presided over the case. Petitioner counsel was David John Carney, and Respondent counsel was Lara Ann Englund. The public text indicates a Table injury theory for SIRVA, but does not detail specific medical experts, clinical findings, or the precise mechanism of injury beyond its classification as a Table injury.

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