Candice E. Hutchison v. HHS - Influenza, shoulder injury related to vaccine administration (2021)
Case summary [AI summaries can sometimes make mistakes]
Candice E. Hutchison filed a petition for compensation on June 25, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 24, 2018.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 27, 2021, conceding that Ms. Hutchison's claim met the Table criteria for SIRVA and that she was entitled to compensation.
Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 1, 2021, finding Ms.
Hutchison eligible for compensation. Subsequently, on November 16, 2021, the respondent filed a proffer on an award of compensation, to which Ms.
Hutchison agreed. On December 17, 2021, Chief Special Master Corcoran issued a Decision on Damages.
Based on the agreed-upon proffer, Ms. Hutchison was awarded a lump sum payment of $78,168.06.
This award included $77,500.00 for pain and suffering and $668.06 for past unreimbursable expenses. The decision does not describe the specific onset of symptoms, medical examinations, or treatments.
Petitioner was represented by Miriam A. Johnson of Berman & Simmons, PA, and respondent was represented by James Vincent Lopez of the U.S.
Department of Justice.
Theory of causation
Petitioner Candice E. Hutchison alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on November 24, 2018. The respondent conceded that the claim met the Table criteria for SIRVA. The case proceeded to a ruling on entitlement, issued by Chief Special Master Brian H. Corcoran on November 1, 2021, finding petitioner entitled to compensation. A subsequent decision on damages, issued by Chief Special Master Corcoran on December 17, 2021, awarded petitioner a lump sum of $78,168.06, based on a proffer agreed to by both parties. This award consisted of $77,500.00 for pain and suffering and $668.06 for past unreimbursable expenses. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings beyond the concession of a Table injury.
Source PDFs
USCOURTS-cofc-1_20-vv-00773