Joelle Held v. HHS - Influenza, shoulder injury related to vaccine administration (2023)
Case summary [AI summaries can sometimes make mistakes]
Joelle Held filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 19, 2020. The respondent, the Secretary of Health and Human Services, filed a report on May 24, 2023, conceding that Ms.
Held is entitled to compensation. The respondent agreed that Ms.
Held satisfied the criteria set forth in the Vaccine Injury Table and the Qualifications and Aids to Interpretation for SIRVA, and also met all statutory and jurisdictional requirements. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on May 25, 2023, finding Ms. Held entitled to compensation.
Subsequently, on July 3, 2023, Chief Special Master Corcoran issued a decision awarding damages. The respondent's May 24, 2023 report also included a proffer on the award of compensation, indicating an award of $115,737.32, which Ms.
Held accepted. The decision stated that Ms.
Held is entitled to a lump sum payment of $115,737.32, payable by check to Petitioner, representing compensation for all damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
The attorneys involved were Robert Joel Krakow for the Petitioner and Felicia Langel for the Respondent.
Theory of causation
Petitioner Joelle Held alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 19, 2020. The respondent conceded entitlement, agreeing that Petitioner satisfied the criteria for SIRVA as set forth in the Vaccine Injury Table and its Qualifications and Aids to Interpretation. The theory of causation is based on the Vaccine Injury Table. The respondent filed a Rule 4(c) report and proffer on May 24, 2023, conceding entitlement and proffering an award of $115,737.32, which Petitioner accepted. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 25, 2023, and a decision awarding damages on July 3, 2023. The award was a lump sum of $115,737.32. Petitioner's counsel was Robert Joel Krakow, and Respondent's counsel was Felicia Langel.
Source PDFs
USCOURTS-cofc-1_21-vv-00438