Laurel Acosta v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Laurel Acosta filed a petition for compensation under the National Vaccine Injury Compensation Program on December 21, 2020. She alleged that an influenza vaccine administered on October 16, 2019, caused her to develop a shoulder injury related to vaccine administration (SIRVA).
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Acosta was entitled to compensation.
The respondent agreed that her condition, SIRVA, is listed on the Vaccine Injury Table and that the statutory requirements were met, including the six-month sequela requirement. On October 21, 2022, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement, finding Ms. Acosta eligible for an award.
Subsequently, on February 8, 2023, the respondent filed a proffer recommending an award of $62,500.00 for pain and suffering. Ms.
Acosta agreed to this proffered amount. Based on the record and the parties' agreement, Chief Special Master Corcoran issued a decision on March 17, 2023, awarding Ms.
Acosta a lump sum payment of $62,500.00 for pain and suffering. The decision was issued by Chief Special Master Brian H.
Corcoran. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Meghan Murphy of the U.S.
Department of Justice.
Theory of causation
Petitioner Laurel Acosta filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 16, 2019. The respondent conceded entitlement, agreeing that SIRVA is a "Table Injury" under 42 C.F.R. § 100.3(a)(XIV)(B) and that the statutory requirements, including the six-month sequela period under Section 11(c)(D)(I), were met. The public text does not describe the specific medical onset, symptoms, diagnostic tests, treatments, or expert testimony. The theory of causation is based on the Vaccine Injury Table. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on October 21, 2022, finding Petitioner eligible. A subsequent decision on March 17, 2023, awarded Petitioner $62,500.00 for pain and suffering, based on a proffer agreed to by both parties. Petitioner was represented by Ronald Craig Homer, and Respondent was represented by Meghan Murphy.