Jane Robinson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Jane Robinson filed a petition on March 4, 2024, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine.
The case was assigned to the Special Processing Unit. The respondent, the Secretary of Health and Human Services, disputed entitlement, specifically arguing that the petitioner failed to establish that the pain was limited to her left shoulder, as required by 42 C.F.R. § 100.3(a)(I)(C) and (c)(10).
The parties were ordered to brief entitlement and damages, and the matter was ultimately resolved via an expedited hearing on February 26, 2024. Petitioner's counsel was Ronald Craig Homer of Conway, Homer, P.C., and respondent's counsel was Benjamin Patrick Warder of the U.S.
Department of Justice. Chief Special Master Brian H.
Corcoran presided over the case. In a ruling issued on April 4, 2024, Chief Special Master Corcoran found that Petitioner had established the SIRVA Table requirements pursuant to 42 C.F.R. § 100.3(a)(XIV)(B) and (c)(10), as well as the general elements for a claim under Section 11(c) of the Vaccine Act, including receipt of a covered vaccine and residual effects lasting six months.
The Special Master adopted and incorporated his prior discussions from Winkle v. Sec’y Health & Hum.
Servs., No. 20-0485V, 2022 WL 221643, regarding the legal standards for entitlement and damages in SIRVA cases. Based on the record and the reasons discussed in his oral ruling, Chief Special Master Corcoran found Petitioner entitled to compensation.
He awarded Jane Robinson a total of $118,478.69. This amount included $118,000.00 for actual pain and suffering and $478.69 for actual unreimbursable expenses.
The award for pain and suffering was not reduced to present value as it represented actual, rather than projected, damages. The Clerk of Court was directed to enter judgment accordingly.
Theory of causation
Petitioner Jane Robinson filed a petition on March 4, 2024, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination. The case proceeded as a Table claim under 42 U.S.C. § 300aa-11(c)(1)(A)(B)(D)(E) and 42 C.F.R. § 100.3(c)(10). Respondent disputed entitlement, arguing Petitioner failed to establish that pain was limited to the left shoulder per 42 C.F.R. § 100.3(a)(I)(C) and (c)(10). Chief Special Master Brian H. Corcoran presided. In a decision dated April 4, 2024, the Special Master found Petitioner established the SIRVA Table requirements and general elements for a claim under Section 11(c), including residual effects lasting six months. The Special Master incorporated prior legal standards from Winkle v. Sec’y Health & Hum. Servs., No. 20-0485V, 2022 WL 221643. Petitioner was awarded $118,478.69, consisting of $118,000.00 for actual pain and suffering and $478.69 for actual unreimbursable expenses. Petitioner's counsel was Ronald Craig Homer; Respondent's counsel was Benjamin Patrick Warder.
Source PDFs
USCOURTS-cofc-1_20-vv-01688