Ashley Nore v. HHS - Influenza, shoulder injury related to vaccine administration (2021)
Case summary [AI summaries can sometimes make mistakes]
Ashley Nore filed a petition on July 29, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 19, 2019.
The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 23, 2021, conceding that Petitioner'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 August 23, 2021, finding Petitioner entitled to compensation.
Subsequently, on September 15, 2021, the respondent filed a proffer on an award of compensation, which Petitioner agreed to. The proffer included $90,000.00 for pain and suffering and $1,539.71 for unreimbursable medical expenses, totaling $91,539.71.
Chief Special Master Corcoran issued a decision awarding this lump sum payment to Ashley Nore, who is a competent adult. Judgment was directed to be entered in accordance with this decision.
Petitioner was represented by LeeAnne Pedrick of Maglio, Christopher, & Toale PA, and Respondent was represented by Lara Ann Englund of the U.S. Department of Justice.
Theory of causation
Petitioner Ashley Nore alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on September 19, 2019. The respondent conceded that the claim met the Table criteria for SIRVA. The case was decided based on this concession and the Table injury provision. No specific medical experts or detailed clinical information regarding the onset, symptoms, diagnostic tests, or treatments were described in the public text. The Special Processing Unit handled the case, and Chief Special Master Brian H. Corcoran issued the ruling on entitlement on August 23, 2021, and the decision awarding damages on October 15, 2021. The award was a lump sum of $91,539.71, consisting of $90,000.00 for pain and suffering and $1,539.71 for unreimbursable medical expenses. Petitioner was represented by LeeAnne Pedrick, and Respondent was represented by Lara Ann Englund.
Source PDFs
USCOURTS-cofc-1_20-vv-00919