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 December 22, 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.
Theory of causation
Petitioner Donna Pitts alleged a left shoulder injury (SIRVA) following an influenza vaccine administered on October 20, 2020. The respondent conceded that the injury was a defined Table injury and that petitioner met the criteria for SIRVA. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The case proceeded as a stipulation. On October 17, 2023, a Ruling on Entitlement found petitioner entitled to compensation. On November 20, 2023, the respondent filed a Proffer recommending an award of $37,500.00 for pain and suffering and $503.75 for past unreimbursable expenses, totaling $38,003.75, which petitioner agreed to. Chief Special Master Brian H. Corcoran issued a decision on December 22, 2023, awarding the stipulated amount. Petitioner was represented by Leah VaSahnja Durant and respondent by Sarah Black Rifkin.
Source PDFs
USCOURTS-cofc-1_21-vv-00342