Shavannah Ervin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Shavannah Ervin filed a petition for compensation under the National Vaccine Injury Compensation Program on June 28, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on September 15, 2020.
Petitioner also alleged that she suffered the residual effects of her injury for more than six months. The case was assigned to the Special Processing Unit of the Office of Special Masters.
On September 29, 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 Petitioner had satisfied all legal prerequisites for compensation. On October 3, 2023, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement, finding Petitioner entitled to compensation. Subsequently, on December 4, 2023, the respondent filed a Proffer on award of compensation.
The respondent proposed an award of $52,500.00 for pain and suffering and $74.07 to satisfy a State of Wisconsin Medicaid lien. The petitioner agreed with this proffered award.
On January 4, 2024, Chief Special Master Brian H. Corcoran issued a Decision awarding these amounts.
Petitioner received a lump sum payment of $52,500.00 for pain and suffering, and a lump sum payment of $74.07 to satisfy the State of Wisconsin Medicaid lien. The total award was $52,574.07, paid in two lump sum payments.
Petitioner was represented by Jerome A. Konkel of Samster, Konkel & Safran, S.C., and respondent was represented by Sarah Black Rifkin of the U.S.
Department of Justice.
Theory of causation
Petitioner Shavannah Ervin alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 15, 2020. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner met the legal prerequisites for compensation. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. No experts were named in the public text. The case proceeded as a Table injury. On October 3, 2023, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement finding Petitioner entitled to compensation. On December 4, 2023, Respondent filed a Proffer on award of compensation, proposing $52,500.00 for pain and suffering and $74.07 to satisfy a State of Wisconsin Medicaid lien. Petitioner agreed to the award. On January 4, 2024, Chief Special Master Corcoran issued a Decision awarding a total of $52,574.07 in two lump sum payments: $52,500.00 to Petitioner and $74.07 jointly to Petitioner and Wisconsin Casualty Recovery for the Medicaid lien. Petitioner was represented by Jerome A. Konkel, and Respondent was represented by Sarah Black Rifkin.
Source PDFs
USCOURTS-cofc-1_22-vv-00716