Debbie Myers v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2020-08-13Decided 2023-11-29Vaccine Influenza
compensated$50,000

Case summary [AI summaries can sometimes make mistakes]

Debbie Myers filed a petition for compensation under the National Vaccine Injury Compensation Program on August 13, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 24, 2017. The case was assigned to the Special Processing Unit.

After a factual ruling confirmed that Ms. Myers received the influenza vaccine intramuscularly in her left deltoid on October 24, 2017, the respondent, the Secretary of Health and Human Services, filed a report on June 2, 2023, indicating that it would not contest entitlement to compensation, as SIRVA is a defined Table injury.

Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 2, 2023, finding Ms.

Myers entitled to compensation. Subsequently, on October 26, 2023, the respondent filed a proffer agreeing to an award of $50,000.00 for pain and suffering, which Ms.

Myers accepted. The public decision, issued on November 29, 2023, awarded Debbie Myers a lump sum payment of $50,000.00 for pain and suffering.

Petitioner was represented by Lawrence R. Cohan of Saltz, Mongeluzzi, & Bendesky, and respondent was represented by Parisa Tabassian of the U.S.

Department of Justice. The Special Master was Brian H.

Corcoran.

Theory of causation

Petitioner Debbie Myers filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 24, 2017. SIRVA is a defined Table injury. Following a factual ruling confirming the vaccination, the Respondent conceded entitlement. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 2, 2023. On October 26, 2023, Respondent filed a proffer agreeing to an award of $50,000.00 for pain and suffering, which Petitioner accepted. The final decision on November 29, 2023, awarded a lump sum of $50,000.00 to Petitioner for pain and suffering. Petitioner was represented by Lawrence R. Cohan, and Respondent by Parisa Tabassian. The Special Master was Brian H. Corcoran.

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