Staci Arnold v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Staci Arnold filed a petition for compensation under the National Vaccine Injury Compensation Program on March 25, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 19, 2020.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the petitioner's injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she suffered residual effects for more than six months. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.
Corcoran issued a ruling on entitlement on September 8, 2023, finding Ms. Arnold entitled to compensation.
Subsequently, on October 11, 2023, the respondent filed a proffer on the award of compensation, which the petitioner agreed to. On November 14, 2023, Chief Special Master Corcoran issued a decision awarding damages.
The award consisted of a lump sum payment of $85,000.00 for pain and suffering, payable to the petitioner, and a lump sum payment of $7,667.38 to satisfy a New York Medicaid lien, payable jointly to the petitioner and the New York State Department of Health. The total award was $92,667.38.
Petitioner was represented by Jerome A. Konkel of Samster, Konkel & Safran, S.C., and respondent was represented by Steven Santayana of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by the petitioner, nor does it name any medical experts.
Theory of causation
Petitioner Staci Arnold alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 19, 2020. The case proceeded as a Table claim. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that residual effects lasted more than six months. No specific medical experts or detailed causation theories beyond the Table definition were presented in the public text. The Special Master found entitlement based on the respondent's concession. An award was stipulated and granted on November 14, 2023, totaling $92,667.38, comprising $85,000.00 for pain and suffering and $7,667.38 to satisfy a New York Medicaid lien. Chief Special Master Brian H. Corcoran presided. Petitioner was represented by Jerome A. Konkel, and respondent by Steven Santayana.
Source PDFs
USCOURTS-cofc-1_22-vv-00326