Cynthia Cole v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Cynthia Cole filed a petition for compensation under the National Vaccine Injury Compensation Program on November 18, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 3, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 16, 2022, conceding that Ms.
Cole was entitled to compensation. The respondent confirmed that Ms.
Cole met the criteria for a SIRVA Table injury, timely filed her petition, received the vaccine in the United States, and suffered residual effects for more than six months post-vaccination. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on August 19, 2022, finding Ms. Cole entitled to compensation.
Subsequently, on July 18, 2023, the respondent filed a Proffer on Award of Compensation, which Ms. Cole agreed to.
On September 13, 2023, Chief Special Master Corcoran issued a Decision on Damages, awarding Ms. Cole a total of $119,939.10.
This award consisted of $115,000.00 for pain and suffering and $4,939.10 for past unreimbursable expenses. The award was made as a lump sum payment to Ms.
Cole, who is a competent adult. Petitioner was represented by Brian L.
Cinelli of Marcus & Cinelli, LLP, and respondent was represented by Martin Conway Galvin of the U.S. Department of Justice.
Theory of causation
Petitioner Cynthia Cole alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 3, 2019. The respondent conceded entitlement, agreeing that the injury qualified as a Table injury under 42 C.F.R. §§100.3(a)(XIV)(B) and 100.3(c)(10), and that the petitioner met the statutory requirements for timely filing, US administration of the vaccine, and residual effects for over six months. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on August 19, 2022, finding entitlement based on the respondent's concession. A subsequent Decision on Damages on September 13, 2023, awarded Petitioner $119,939.10, comprising $115,000.00 for pain and suffering and $4,939.10 for past unreimbursable expenses, as a lump sum payment. Petitioner was represented by Brian L. Cinelli and respondent by Martin Conway Galvin.
Source PDFs
USCOURTS-cofc-1_20-vv-01616