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

Filed 2020-07-01Decided 2021-12-14Vaccine Influenza
compensated$51,012

Case summary [AI summaries can sometimes make mistakes]

Susan Laracy filed a petition for compensation under the National Vaccine Injury Compensation Program on July 1, 2020, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on November 28, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 5, 2021, conceding that Ms.

Laracy was entitled to compensation. The respondent determined that Ms.

Laracy satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table and agreed that she met all legal prerequisites for compensation under the Vaccine Act. On November 10, 2021, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Ms. Laracy entitled to compensation based on the respondent's concession and the evidence of record.

Subsequently, on December 14, 2021, Chief Special Master Corcoran issued a decision awarding damages. The respondent had proffered an award of $51,012.82, which included $50,000.00 for pain and suffering and $1,012.82 for past unreimbursable out-of-pocket expenses.

Ms. Laracy agreed to this proffered award.

Chief Special Master Corcoran found that Ms. Laracy was entitled to the award as stated in the proffer and awarded a lump sum payment of $51,012.82, payable by check to Ms.

Laracy, representing compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP, and Respondent was represented by Althea Walker Davis of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury beyond its classification as SIRVA.

Theory of causation

Susan Laracy filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on November 28, 2017. The respondent conceded entitlement, determining the injury met the criteria for SIRVA on the Vaccine Injury Table. A ruling on entitlement was issued on November 10, 2021, by Chief Special Master Brian H. Corcoran. A decision awarding damages was issued on December 14, 2021. The respondent proffered an award of $51,012.82 ($50,000.00 for pain and suffering, $1,012.82 for past unreimbursable out-of-pocket expenses), which Petitioner agreed to. The Special Master awarded the proffered sum. Petitioner was represented by Paul R. Brazil (Muller Brazil, LLP), and Respondent was represented by Althea Walker Davis (U.S. Department of Justice).

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