Frances McGovern v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2023-11-13Decided 2024-01-12Vaccine Influenza
compensated$79,825

Case summary [AI summaries can sometimes make mistakes]

Frances McGovern filed a petition for compensation under the National Vaccine Injury Compensation Program on June 14, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on December 1, 2020.

The case was assigned to the Special Processing Unit of the Office of Special Masters. On November 13, 2023, the Respondent filed a Rule 4(c) report conceding that Petitioner's alleged 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 November 13, 2023, finding Petitioner entitled to compensation.

Subsequently, on December 6, 2023, the Respondent filed a Proffer on Award of Compensation, indicating that Petitioner should be awarded $79,825.82. This amount comprised $77,250.00 for pain and suffering and $2,575.82 for past unreimbursable expenses.

Petitioner agreed with the proffered award. On January 12, 2024, Chief Special Master Corcoran issued a Decision Awarding Damages, finding Petitioner entitled to the award as stated in the Proffer.

The award was a lump sum payment of $79,825.82, to be paid as a check to Petitioner, representing compensation for all damages available under Section 15(a). Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Adam N.

Muffett of the U.S. Department of Justice.

The public decision was issued on January 12, 2024.

Theory of causation

Frances McGovern filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on December 1, 2020. The Respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. The case proceeded as a Table claim. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 13, 2023, finding Petitioner entitled to compensation. A subsequent Decision Awarding Damages was issued on January 12, 2024, awarding Petitioner a lump sum of $79,825.82, consisting of $77,250.00 for pain and suffering and $2,575.82 for past unreimbursable expenses. Petitioner was represented by Jeffrey S. Pop, and Respondent was represented by Adam N. Muffett. The public text does not describe the specific medical onset, symptoms, tests, treatments, or expert testimony, nor does it detail the precise mechanism of injury beyond it being a Table-recognized SIRVA.

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