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

Filed 2021-09-17Decided 2021-10-21Vaccine Influenza
compensated$67,500

Case summary [AI summaries can sometimes make mistakes]

Kristie Wisenbaker filed a petition for compensation under the National Vaccine Injury Compensation Program on June 15, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on January 9, 2019. The case was assigned to the Special Processing Unit.

On September 17, 2021, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner's claim met the Table criteria for SIRVA and that she was entitled to compensation. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on September 17, 2021, finding Petitioner entitled to compensation. Subsequently, on September 20, 2021, the Respondent filed a proffer on an award of compensation, which Petitioner agreed to.

In a Decision on Damages dated October 21, 2021, Chief Special Master Corcoran awarded Kristie Wisenbaker a lump sum payment of $67,500.00 for pain and suffering, representing all damages available under Section 15(a) of the Vaccine Act. The award was to be paid as a check to Petitioner.

Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Christine Mary Becer of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, or treatments. The public decision does not name any medical experts.

Theory of causation

Petitioner Kristie Wisenbaker alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on January 9, 2019. The Respondent conceded that Petitioner's claim met the Table criteria for SIRVA. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on September 17, 2021, finding Petitioner entitled to compensation. A subsequent Decision on Damages on October 21, 2021, awarded Petitioner a lump sum of $67,500.00 for pain and suffering, representing all damages under 42 U.S.C. § 300aa-15(a). The public text does not detail the specific mechanism of injury, medical experts, or competing medical theories. Petitioner was represented by John Robert Howie, and Respondent by Christine Mary Becer. The award was a lump sum of $67,500.00.

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