Helena Johnson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2020-11-17Decided 2023-12-12Vaccine Influenza
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

Helena Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 17, 2020, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 9, 2017. In an amended petition filed on October 22, 2020, Ms.

Johnson alleged, in the alternative, a Table injury of brachial neuritis and/or brachial plexus, or a Table SIRVA. The respondent, the Secretary of Health and Human Services, filed an amended report on November 13, 2023, conceding that the Petitioner is entitled to compensation.

The respondent stated that the Petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered the residual effects of her condition for more than six months. Based on the respondent's concession and a review of the record, Special Master Nora Beth Dorsey found Petitioner entitled to compensation.

The matter will now proceed to the damages phase. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.

David John Carney represented the Petitioner, and Catherine Elizabeth Stolar represented the Respondent.

Theory of causation

Petitioner Helena Johnson filed a petition alleging a SIRVA or, in the alternative, brachial neuritis and/or brachial plexus as a result of an influenza vaccine administered on October 9, 2017. The Respondent conceded entitlement, stating the alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. Special Master Nora Beth Dorsey found Petitioner entitled to compensation based on the Respondent's concession and a review of the record. The matter will proceed to the damages phase. The public decision does not specify the mechanism of injury or name any experts. Petitioner was represented by David John Carney, and Respondent was represented by Catherine Elizabeth Stolar.

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