Jennifer Aylor v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2020-05-13Decided 2021-12-01Vaccine Influenza
compensated$57,847

Case summary [AI summaries can sometimes make mistakes]

Jennifer Aylor filed a petition for compensation under the National Vaccine Injury Compensation Program on May 13, 2020, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) in her left shoulder as a result of an influenza vaccine administered on November 14, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Aylor was entitled to compensation. The respondent agreed that the petitioner satisfied the requirements for a Table SIRVA claim and that the statutory six-month sequela requirement had been met.

Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 8, 2021, finding Ms.

Aylor entitled to compensation. Following this ruling, the parties submitted a proffer on the award of compensation.

The respondent proposed, and Ms. Aylor agreed to, an award totaling $57,846.81.

This amount consisted of $57,500.00 for actual pain and suffering and $346.81 for past unreimbursable expenses. Chief Special Master Corcoran issued a decision on October 26, 2021, awarding this lump sum payment to Jennifer Aylor.

Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice.

Theory of causation

Jennifer Aylor filed a petition alleging a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on November 14, 2018. The respondent conceded entitlement, agreeing that the claim met the requirements for a Table SIRVA injury and the six-month sequela requirement. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on September 8, 2021. Subsequently, on October 26, 2021, Chief Special Master Corcoran issued a decision awarding a lump sum of $57,846.81, consisting of $57,500.00 for pain and suffering and $346.81 for past unreimbursable expenses, based on a proffer agreed to by both parties. Petitioner was represented by Leigh Finfer, and respondent was represented by Alexa Roggenkamp.

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