Ilene Busey v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Ilene Busey filed a petition for compensation under the National Vaccine Injury Compensation Program on September 10, 2021, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 10, 2019. The case was assigned to the Special Processing Unit.
Respondent, the Secretary of Health and Human Services, filed a combined Rule 4(c) Report and Proffer, conceding that Petitioner is entitled to compensation. Respondent agreed that Petitioner satisfied the criteria for SIRVA as a Table injury.
On June 2, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Petitioner entitled to compensation.
Subsequently, on July 7, 2023, a decision was issued awarding Petitioner a lump sum payment of $93,781.14. This award represents compensation for all damages available under Section 15(a) of the Vaccine Act.
The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Trisha S.
Widowfield of Haliczer, Pettis, & Schwamm, FL, and Respondent was represented by Julia Marter Collison of the U.S. Department of Justice.
Theory of causation
Petitioner Ilene Busey filed a petition alleging a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 10, 2019. Respondent conceded that Petitioner satisfied the criteria for SIRVA as a Table injury. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on June 2, 2023, finding Petitioner entitled to compensation. A decision on July 7, 2023, awarded Petitioner $93,781.14. The public text does not detail the specific mechanism of injury, medical experts, or the breakdown of damages within the award. Petitioner was represented by Trisha S. Widowfield, and Respondent by Julia Marter Collison.