Curtis Ingram v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Curtis Ingram filed a petition for compensation under the National Vaccine Injury Compensation Program on December 28, 2020, later filing an amended petition on January 27, 2023. He alleged that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), a "Table" injury, as a result of an influenza vaccination received on October 2, 2019.
Mr. Ingram further alleged that he experienced residual effects of this injury for more than six months following the vaccination.
The case was assigned to the Special Processing Unit of the Office of Special Masters. On August 18, 2023, the Respondent filed a Rule 4(c) report and Proffer, conceding that Mr.
Ingram was entitled to compensation. The Respondent stated that Mr.
Ingram's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that he had no prior history of pain, inflammation, or dysfunction in his left shoulder before the vaccination, that pain occurred within 48 hours after the intramuscular vaccination, that the pain was limited to the shoulder where the vaccine was administered, and that no other condition or abnormality was identified to explain the shoulder pain. The Respondent also agreed that Mr.
Ingram suffered residual effects for more than six months, satisfying all legal prerequisites for compensation. Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on August 18, 2023, finding Mr. Ingram entitled to compensation.
Subsequently, on August 18, 2023, the Respondent filed a combined Rule 4(c) Report and Proffer on award of compensation, indicating that Mr. Ingram should be awarded a total of $60,542.25.
This amount consisted of $60,000.00 for pain and suffering and $542.25 for past unreimbursable expenses. The Respondent represented that Mr.
Ingram agreed with this proffered award. Chief Special Master Corcoran issued a decision on September 21, 2023, awarding Mr.
Ingram a lump sum payment of $60,542.25, payable by check to Petitioner, as compensation for all damages available under Section 15(a) of the Act. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Parisa Tabassian of the U.S. Department of Justice.
Theory of causation
Petitioner Curtis Ingram alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) resulting from an influenza vaccination on October 2, 2019. The injury was alleged to be a "Table" injury with residual effects lasting more than six months. Respondent conceded entitlement, agreeing that the injury was consistent with SIRVA, occurred within 48 hours of vaccination in the administered shoulder, with no prior history of shoulder issues, and no other identified cause. The Respondent also agreed that the injury's residual effects lasted over six months. Petitioner was represented by Ronald Craig Homer, and Respondent by Parisa Tabassian. Chief Special Master Brian H. Corcoran issued a ruling on entitlement and a decision awarding damages. The parties stipulated to an award of $60,542.25, comprising $60,000.00 for pain and suffering and $542.25 for past unreimbursable expenses. The public text does not detail the specific mechanism of injury, medical experts, or specific clinical findings beyond the general description of SIRVA.