Elizabeth Sears v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
On August 9, 2021, Elizabeth Sears filed a Vaccine Program petition after receiving an influenza vaccine on September 20, 2020. She alleged that the vaccination caused a shoulder injury related to vaccine administration, or SIRVA.
She later filed an amended petition on July 11, 2022 that expanded the factual allegations based on medical records but did not change the legal theory. The public entitlement ruling and damages proffer do not set out the expanded medical facts in detail.
Respondent conceded in a February 5, 2024 Rule 4(c) report that Sears's injury was consistent with SIRVA under the Vaccine Injury Table and that she had satisfied the legal prerequisites for compensation. Chief Special Master Brian H.
Corcoran granted entitlement on February 7, 2024. Respondent filed a damages proffer on March 1, 2024, and Sears agreed.
On March 4, 2024, Chief Special Master Corcoran awarded a lump sum of $54,592.90, payable to Sears, consisting of $53,500.00 for pain and suffering and $1,092.90 for past unreimbursable expenses. Sears was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C.
Theory of causation
Influenza vaccine (September 20, 2020) causing shoulder injury related to vaccine administration (SIRVA). COMPENSATED. Respondent conceded a Table SIRVA and legal prerequisites in a Rule 4(c) report; public proffer notes an amended petition expanded medical facts but did not change legal allegations. Entitlement granted by Chief Special Master Brian H. Corcoran on February 7, 2024; damages awarded March 4, 2024. Award: $54,592.90 lump sum ($53,500.00 pain and suffering + $1,092.90 past unreimbursable expenses), payable to Elizabeth Sears. Attorney: Jonathan Joseph Svitak, Shannon Law Group, P.C., Woodridge, IL.
Source PDFs
USCOURTS-cofc-1_21-vv-01677