Katelynn McGuire v. HHS - Influenza, shoulder injury related to vaccine administration (2022)

Filed 2022-01-11Decided 2022-02-14Vaccine Influenza
compensated$67,100

Case summary [AI summaries can sometimes make mistakes]

Katelynn McGuire filed a petition for compensation under the National Vaccine Injury Compensation Program on August 28, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 29, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 7, 2022, conceding that the petitioner's claim met the Vaccine Injury Table criteria for SIRVA and that she was entitled to compensation.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 11, 2022, finding the petitioner entitled to compensation.

Subsequently, on January 7, 2022, the respondent filed a combined Rule 4 report and proffer on the award of compensation. The respondent indicated that the petitioner should be awarded $67,100.78, consisting of $65,000.00 for past pain and suffering and $2,100.78 for past unreimbursed expenses.

The respondent represented that the petitioner agreed with this proffered award. On February 11, 2022, Chief Special Master Corcoran issued a decision awarding Katelynn McGuire a lump sum payment of $67,100.78, payable by check to the petitioner.

This amount was intended to compensate for all damages available under Section 15(a) of the Vaccine Act. Petitioner was represented by David John Carney of Green & Schafle LLC, and respondent was represented by Naseem Kourosh of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received.

Theory of causation

Petitioner Katelynn McGuire alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 29, 2019. The respondent conceded that the claim met the Vaccine Injury Table criteria for SIRVA. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on January 11, 2022, finding entitlement based on the respondent's concession. A subsequent decision on February 11, 2022, awarded $67,100.78, comprising $65,000.00 for past pain and suffering and $2,100.78 for past unreimbursed expenses, based on a proffer agreed to by the petitioner. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings beyond the concession to the Table criteria for SIRVA. Petitioner counsel was David John Carney, and respondent counsel was Naseem Kourosh.

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