Danelle Bailey v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Danelle Bailey, a 34-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021. She alleged that an influenza vaccine administered on October 30, 2019, caused a left 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. Bailey's injury was consistent with a SIRVA and that she met all legal prerequisites for compensation.
Based on the respondent's concession and the evidence, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 28, 2023, finding Ms.
Bailey entitled to compensation. Subsequently, the parties submitted a proffer on the award of compensation.
The respondent recommended, and Ms. Bailey agreed, that she should be awarded $67,040.08, comprising $65,000.00 for pain and suffering and $2,040.08 for past unreimbursable expenses.
Chief Special Master Corcoran issued a Decision Awarding Damages on May 2, 2023, awarding Ms. Bailey the stipulated lump sum of $67,040.08.
Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Parisa Tabbassian.
Theory of causation
Petitioner Danelle Bailey, age 34, received an influenza vaccine on October 30, 2019. She alleged a left shoulder injury related to vaccine administration (SIRVA). The respondent conceded that the injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses. The theory of causation is based on the "Table" injury, specifically SIRVA. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on February 28, 2023, finding petitioner entitled to compensation. On March 28, 2023, the parties submitted a proffer agreeing to a lump sum award of $67,040.08, consisting of $65,000.00 for pain and suffering and $2,040.08 for past unreimbursable expenses. Chief Special Master Corcoran issued a Decision Awarding Damages on May 2, 2023, awarding the stipulated amount. Petitioner was represented by Leah VaSahnja Durant, and respondent was represented by Parisa Tabbassian.
Source PDFs
USCOURTS-cofc-1_21-vv-00206