Cheryl Fabian v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Cheryl Fabian filed a petition for compensation on May 29, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 24, 2019. The respondent filed a Rule 4(c) report on November 23, 2021, conceding entitlement to compensation.
The respondent noted that Ms. Fabian had no prior history of shoulder issues, her symptoms occurred within 48 hours of the vaccination, her symptoms were localized to the vaccinated shoulder, and no other condition explained her symptoms.
Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 24, 2021, finding Ms.
Fabian entitled to compensation. On March 7, 2022, the respondent filed a proffer recommending an award of $67,724.06, comprising $67,500.00 for pain and suffering and $224.06 for past unreimbursable medical expenses.
The respondent stated that Ms. Fabian, a competent adult, agreed with the proffered award.
Chief Special Master Corcoran issued a decision on April 8, 2022, awarding the proffered amount as a lump sum payment to Ms. Fabian.
Petitioner counsel was Ronald Craig Homer. Respondent counsel was Althea Walker Davis.
Theory of causation
Petitioner Cheryl Fabian received an influenza vaccine on September 24, 2019, and subsequently developed a shoulder injury related to vaccine administration (SIRVA). The respondent conceded entitlement, noting the absence of prior shoulder issues, symptom onset within 48 hours of vaccination, localization of symptoms to the vaccinated shoulder, and no other identified cause. The case falls under the "Table" category for SIRVA. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on November 24, 2021, and a decision awarding damages on April 8, 2022. The award was a lump sum of $67,724.06, consisting of $67,500.00 for pain and suffering and $224.06 for past unreimbursable medical expenses. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Althea Walker Davis.
Source PDFs
USCOURTS-cofc-1_20-vv-00659