Jammie Yerks v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
On July 19, 2021, Jammie Yerks filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination received on October 17, 2019. The respondent filed a Rule 4(c) report on April 13, 2023, conceding that the petitioner was entitled to compensation.
The respondent stated that the petitioner's left shoulder injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that the petitioner had no prior history of shoulder issues, experienced pain within 48 hours after the vaccination, the pain was limited to the vaccinated shoulder, and no other condition explained the shoulder pain. The respondent also agreed that the petitioner suffered residual effects of the condition for more than six months.
Based on the respondent's concession and the evidence, Chief Special Master Brian H. Corcoran issued a ruling on entitlement on April 14, 2023, finding the petitioner entitled to compensation.
Subsequently, on November 21, 2023, the respondent filed a proffer recommending an award of $115,000 for pain and suffering, stating that the petitioner agreed with this amount. On January 2, 2024, Chief Special Master Corcoran issued a decision awarding a lump sum payment of $115,000.00 to Jammie Yerks, who is a competent adult, as compensation for all damages available under Section 15(a) of the Vaccine Act.
Petitioner was represented by Jerome A. Konkel of Samster, Konkel and Safran, and respondent was represented by Austin Joel Egan of the U.S.
Department of Justice.
Theory of causation
Petitioner Jammie Yerks alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 17, 2019. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA as defined by the Vaccine Injury Table. The respondent's concession was based on the petitioner having no prior shoulder issues, experiencing pain within 48 hours of vaccination, pain limited to the vaccinated shoulder, and no other identified cause for the shoulder pain. The petitioner also experienced residual effects for more than six months. The case was decided by Chief Special Master Brian H. Corcoran. Entitlement was ruled on April 14, 2023. A stipulation for damages was filed on November 21, 2023, recommending an award of $115,000 for pain and suffering, which the petitioner accepted. A final decision awarding a lump sum of $115,000.00 was issued on January 2, 2024. Petitioner was represented by Jerome A. Konkel, and respondent by Austin Joel Egan.