Elenora Plavnik v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Elenora Plavnik filed a petition for compensation under the National Vaccine Injury Compensation Program on August 28, 2020, alleging a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on October 1, 2018. The respondent, the Secretary of Health and Human Services, conceded that her claim met the Table criteria for SIRVA and that she was entitled to compensation.
A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on July 18, 2023.
Subsequently, on October 16, 2023, the respondent filed a proffer recommending an award of $77,500.00 for pain and suffering, which Elenora Plavnik agreed to. Chief Special Master Corcoran issued a decision awarding this lump sum payment on November 17, 2023.
The case proceeded as a Table claim, and the parties stipulated to the damages. Petitioner counsel was Lawrence R.
Cohan of Saltz, Mongeluzzi & Bendesky, and respondent counsel was Christine Mary Becer of the U.S. Department of Justice.
The award was a lump sum payment of $77,500.00, payable to Petitioner.
Theory of causation
Petitioner Elenora Plavnik alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on October 1, 2018. The respondent conceded that the claim met the Table criteria for SIRVA. A ruling on entitlement was issued by Chief Special Master Brian H. Corcoran on July 18, 2023. On October 16, 2023, respondent filed a proffer recommending an award of $77,500.00 for pain and suffering, which petitioner agreed to. Chief Special Master Corcoran issued a decision awarding this lump sum payment on November 17, 2023. The case proceeded as a Table claim. Petitioner counsel was Lawrence R. Cohan, and respondent counsel was Christine Mary Becer. The award was $77,500.00, representing compensation for all damages available under Section 15(a).
Source PDFs
USCOURTS-cofc-1_20-vv-01097