Emily Butcher v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Emily Butcher filed a petition on September 8, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 17, 2017.

Petitioner stated that this was a defined Table Injury and that she met the program's requirements, including receiving the vaccine in the United States, suffering residual effects for more than six months, and not having filed a civil action or received other compensation, although she did receive an informal payment of $7,500.00 from the vaccine administrator. The case was assigned to the Special Processing Unit.

On June 6, 2022, the Respondent filed a Rule 4(c) Report, conceding that Petitioner's claim met the Vaccine Injury Table criteria for a left shoulder SIRVA and that she satisfied all legal prerequisites for compensation. The Respondent noted a potential disagreement regarding the exact sequelae of Petitioner's SIRVA injury, specifically stating a belief that there was a lack of preponderant evidence that other injuries and conditions, such as left shoulder structural defects or degenerative changes, left wrist or elbow injuries, right shoulder injuries, or any rheumatological or neurological conditions, were sequelae of the SIRVA.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on June 13, 2022, finding Petitioner entitled to compensation based on the Respondent's concession.

The ruling indicated that issues of sequelae and the appropriate amount of damages would be addressed in further proceedings if the parties could not reach an informal agreement. Petitioner was represented by Robert Joel Krakow of the Law Office of Robert J.

Krakow, P.C., and Respondent was represented by Naseem Kourosh of the U.S. Department of Justice.