Katherine Frailing v. HHS - Influenza, right shoulder injury (2023)
Case summary [AI summaries can sometimes make mistakes]
Katherine Frailing filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, later filing an amended petition on July 8, 2022. She alleged that she suffered a right shoulder injury after receiving an influenza vaccine on September 25, 2020, and continues to suffer residual effects more than six months post-vaccination.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 7, 2023, conceding that Ms. Frailing's claim meets the Table criteria for SIRVA (Shoulder Injury Related to Vaccine Administration).
Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Ms.
Frailing is entitled to compensation. The case was granted entitlement and is pending a decision on damages.
The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, and Respondent was represented by Emilie Williams of the U.S. Department of Justice.
Theory of causation
Petitioner Katherine Frailing alleged a right shoulder injury, a defined Table injury, following an influenza vaccination on September 25, 2020. The respondent conceded that the claim meets the Table criteria for SIRVA (Shoulder Injury Related to Vaccine Administration). Chief Special Master Brian H. Corcoran issued a ruling on entitlement on August 7, 2023, finding Petitioner entitled to compensation based on the respondent's concession and the evidence of record. The case is pending a decision on damages. The public text does not specify the mechanism of injury, expert testimony, or provide a detailed breakdown of the award.
Source PDFs
USCOURTS-cofc-1_21-vv-00242