Rebecca Egan v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Rebecca Egan filed a petition for compensation under the National Vaccine Injury Compensation Program on September 29, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 6, 2018.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on August 23, 2023, conceding that Ms. Egan's injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she met all legal prerequisites for compensation.
On August 25, 2023, Chief Special Master Brian H. Corcoran issued a ruling on entitlement, finding Ms.
Egan entitled to compensation. Subsequently, on November 6, 2023, the respondent filed a proffer recommending an award of $100,000.00 for pain and suffering, representing all elements of compensation available under the Act.
Ms. Egan agreed with this proffered award.
On November 9, 2023, Chief Special Master Corcoran issued a decision awarding Rebecca Egan a lump sum payment of $100,000.00, payable by check to Ms. Egan.
Petitioner's counsel was Brynna Gang of Kraus Law Group, LLC, and respondent's counsel was Rachelle Bishop of the U.S. Department of Justice.
Theory of causation
Petitioner Rebecca Egan alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 6, 2018. The respondent conceded that the injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation were met. The case was decided based on this concession, without detailed discussion of medical experts or specific causation mechanisms beyond the Table definition. A ruling on entitlement was issued on August 25, 2023, by Chief Special Master Brian H. Corcoran. Subsequently, a stipulation and proffer were filed on November 6, 2023, by respondent's counsel Rachelle Bishop, recommending an award of $100,000.00 for pain and suffering, which petitioner's counsel Brynna Gang agreed to. Chief Special Master Corcoran issued a final decision on November 9, 2023, awarding a lump sum of $100,000.00 to Ms. Egan.
Source PDFs
USCOURTS-cofc-1_21-vv-01928