Patricia Lariviere v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Patricia Lariviere filed a petition for compensation under the National Vaccine Injury Compensation Program on September 2, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 19, 2020.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 19, 2023, conceding that the petitioner's claim met the Table criteria for SIRVA and that entitlement to compensation was appropriate. A ruling on entitlement was issued by Chief Special Master Brian H.
Corcoran on May 22, 2023, finding Ms. Lariviere entitled to compensation.
Subsequently, on May 31, 2023, the respondent filed a proffer proposing an award of $60,799.57. This amount consisted of $60,000.00 for pain and suffering and $799.57 for past unreimbursed expenses.
The petitioner agreed with this proffered award. Chief Special Master Corcoran issued a decision on July 3, 2023, awarding Patricia Lariviere a lump sum payment of $60,799.57, payable by check to the petitioner.
The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner was represented by Amy A.
Senerth of Muller Brazil, LLP, and respondent was represented by Voris Edward Johnson, Jr. of the U.S. Department of Justice.
Theory of causation
Petitioner Patricia Lariviere alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 19, 2020. The respondent conceded that the claim met the Table criteria for SIRVA, and entitlement to compensation was appropriate. The Special Master's ruling on entitlement was issued on May 22, 2023. A subsequent decision on July 3, 2023, awarded a lump sum of $60,799.57, comprising $60,000.00 for pain and suffering and $799.57 for past unreimbursed expenses. The public text does not detail the specific mechanism of injury, medical experts, or clinical findings. Petitioner was represented by Amy A. Senerth (Muller Brazil, LLP), and respondent was represented by Voris Edward Johnson, Jr. (U.S. Department of Justice). Chief Special Master Brian H. Corcoran presided over the case.