Diane Bushemi v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Diane Bushemi filed a petition for compensation under the National Vaccine Injury Compensation Program on August 27, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 8, 2019. Petitioner stated she received the vaccine in the United States, her symptoms persisted for more than six months, and she had not received prior compensation for her injuries.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 19, 2021, conceding that Ms. Bushemi was entitled to compensation.
The respondent determined that Ms. Bushemi suffered a SIRVA as defined by the Vaccine Injury Table, noting that she had no recent history of left shoulder pain or dysfunction that would explain her symptoms, the onset of pain occurred within 48 hours of the vaccination, the pain was localized to the injection site, and no other condition was identified to explain the pain.
On December 9, 2021, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Petitioner entitled to compensation.
Subsequently, on March 14, 2022, the respondent filed a proffer on the award of compensation, which Petitioner agreed to. The proffer recommended an award of $96,028.09, comprising $95,000.00 for actual and projected pain and suffering and $1,028.09 for past unreimbursable expenses.
On April 15, 2022, Chief Special Master Corcoran issued a Decision awarding Petitioner a lump sum payment of $96,028.09, payable by check to Petitioner, representing compensation for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by Edward M.
Kraus of the Law Offices of Chicago Kent, and Respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic studies, or treatments.
Theory of causation
Petitioner Diane Bushemi alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 8, 2019. The respondent conceded entitlement, finding the injury met the criteria for SIRVA as defined by the Vaccine Injury Table. Specifically, the respondent noted no prior history of shoulder issues, onset of pain within 48 hours of vaccination, pain localized to the injection site, and no other identified condition explaining the pain. The case proceeded as a Table claim. The parties stipulated to damages. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on December 9, 2021, finding Petitioner entitled to compensation. A Decision on April 15, 2022, awarded Petitioner a total of $96,028.09, consisting of $95,000.00 for pain and suffering and $1,028.09 for past unreimbursable expenses. Petitioner was represented by Edward M. Kraus, and Respondent by Claudia Barnes Gangi. The public text does not detail specific medical experts or a mechanism of injury beyond the Table criteria.
Source PDFs
USCOURTS-cofc-1_20-vv-01083