Donna Pitts v. HHS - Influenza, left shoulder injury (2023)
Case summary [AI summaries can sometimes make mistakes]
Donna Pitts filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021, alleging she suffered a left shoulder injury, identified as SIRVA, after receiving an influenza vaccine on October 22, 2020. She filed an amended petition on July 8, 2022.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on October 17, 2023, conceding that Ms. Pitts met the criteria for a SIRVA Table injury and was entitled to compensation under the Vaccine Act.
Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on October 17, 2023, finding Ms.
Pitts eligible for an award. Subsequently, on November 20, 2023, the respondent filed a Proffer on Award of Compensation.
In this proffer, the respondent recommended an award of $37,500.00 for pain and suffering and $503.75 for past unreimbursable expenses, totaling $38,003.75. The petitioner agreed with this proposed award.
On November 21, 2023, Chief Special Master Corcoran issued a decision awarding Ms. Pitts the stipulated amount of $38,003.75, payable as a lump sum check to Ms.
Pitts. This award compensates her for all damages available under Section 15(a) of the Vaccine Act.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Sarah Black Rifkin of the U.S.
Department of Justice.