Annette Thompson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Annette Thompson filed a petition on November 2, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 27, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on January 28, 2022, conceding entitlement to compensation.
The respondent noted that Ms. Thompson had no prior history of shoulder issues, her pain and reduced range of motion began within 48 hours of vaccination, and her symptoms were confined to the vaccinated shoulder, with no other condition identified to explain them.
Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 17, 2022, finding Ms.
Thompson entitled to compensation. Subsequently, on April 6, 2022, the respondent filed a proffer on award of compensation.
The proffer recommended a total award of $98,591.20, comprising $97,500.00 for pain and suffering and $1,091.20 for past unreimbursable expenses. Ms.
Thompson, an adult, agreed with this proposed award. On May 20, 2022, Chief Special Master Corcoran issued a decision awarding Ms.
Thompson the lump sum of $98,591.20, payable by check to her. The decision was based on the stipulation and proffer filed by the parties.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Michael Johnson Dunn Brown of the U.S. Department of Justice.
Theory of causation
Petitioner Annette Thompson alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on September 27, 2019. The respondent conceded entitlement, noting the absence of prior shoulder issues, symptom onset within 48 hours of vaccination, symptoms limited to the vaccinated shoulder, and no other identified condition explaining the symptoms. This aligns with a "Table Injury" theory under the National Vaccine Injury Compensation Program. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on February 17, 2022. Subsequently, a proffer on award of compensation was filed on April 6, 2022, recommending $97,500.00 for pain and suffering and $1,091.20 for past unreimbursable expenses, totaling $98,591.20. Petitioner agreed with the award. Chief Special Master Corcoran issued a decision awarding this lump sum on May 20, 2022. Petitioner was represented by Ronald Craig Homer and respondent by Michael Johnson Dunn Brown.
Source PDFs
USCOURTS-cofc-1_20-vv-01508