Dee Wharton v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Dee Wharton filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 15, 2019. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 9, 2023, conceding that Ms.
Wharton was entitled to compensation. The respondent agreed that Ms.
Wharton's condition met the criteria for SIRVA as listed on the Vaccine Injury Table and that she had satisfied all legal requisites for compensation under the Vaccine Act. On August 10, 2023, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement, finding Ms. Wharton entitled to compensation.
Subsequently, on October 19, 2023, the respondent filed a proffer on award of compensation, which Ms. Wharton agreed to.
Chief Special Master Corcoran issued a Decision on Damages on November 20, 2023, awarding a total of $59,450.98. This award comprised $57,000.00 for pain and suffering and $2,450.98 for past unreimbursable expenses.
The award represents all damages available under the Vaccine Act for her SIRVA claim. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Lauren Kells of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond it being a SIRVA table injury.
Theory of causation
Petitioner Dee Wharton alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on October 15, 2019. The respondent conceded entitlement, agreeing that the condition met the criteria for SIRVA as listed on the Vaccine Injury Table. The theory of causation is based on the Vaccine Injury Table. No specific medical experts or detailed causation mechanism beyond the Table listing were described in the public text. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued the Ruling on Entitlement on August 10, 2023, and the Decision on Damages on November 20, 2023. The award totaled $59,450.98, consisting of $57,000.00 for pain and suffering and $2,450.98 for past unreimbursable expenses. Petitioner was represented by Ronald Craig Homer, and respondent by Lauren Kells.