Deanna Ghormley v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Deanna Ghormley filed a petition on September 8, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on September 27, 2018, she received an influenza vaccine and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA).
Ms. Ghormley stated that her injury was a defined Table Injury and that she continued to experience residual effects more than six months post-vaccination.
She also affirmed that the vaccine was administered in the United States and that neither she nor anyone else had filed a civil action or received compensation for her injury. The case was assigned to the Special Processing Unit.
On November 15, 2021, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Petitioner was entitled to compensation. The Respondent agreed that Ms.
Ghormley suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table and had satisfied all legal prerequisites for compensation. Based on the Respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on November 17, 2021, finding Petitioner entitled to compensation. Subsequently, on December 17, 2021, the Respondent filed a Proffer on Award of Compensation.
The Proffer proposed an award of $53,583.53, consisting of $52,500.00 for pain and suffering and $1,083.53 for past unreimbursable expenses. The Proffer stated that Petitioner agreed with this proposed award.
On January 19, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Ms. Ghormley a lump sum payment of $53,583.53, payable by check to Petitioner, representing compensation for pain and suffering and actual unreimbursable expenses.
Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Jeremy Fugate of the U.S. Department of Justice.
Theory of causation
Petitioner Deanna Ghormley alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 27, 2018. This condition is listed as a "Table Injury" under the Vaccine Injury Table. The Respondent conceded that Petitioner suffered a SIRVA of the left shoulder as defined by the Vaccine Injury Table and satisfied all legal prerequisites for compensation. The public decision does not describe the specific mechanism of injury or name any medical experts. Petitioner was awarded $53,583.53, consisting of $52,500.00 for pain and suffering and $1,083.53 for past unreimbursable expenses. The Ruling on Entitlement was issued on November 17, 2021, and the Decision Awarding Damages was issued on January 19, 2022, by Chief Special Master Brian H. Corcoran. Petitioner's counsel was Leigh Finfer, and Respondent's counsel was Jeremy Fugate.
Source PDFs
USCOURTS-cofc-1_20-vv-01161