Beatrice Cain v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Beatrice Cain filed a petition for compensation under the National Vaccine Injury Compensation Program on July 5, 2022, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on September 1, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 13, 2023, conceding that Petitioner is entitled to compensation.
The respondent specifically concluded that Petitioner's alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner 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 found that Petitioner is entitled to compensation. The case is proceeding to determine the award amount.
Petitioner's counsel is Michael Adly Baseluos of Baseluos Law Firm, PLLC. Respondent's counsel is Neil Bhargava of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Beatrice Cain alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 1, 2021. The respondent conceded entitlement, finding the injury consistent with SIRVA as defined by the Vaccine Injury Table and that residual effects lasted more than six months. The case was decided on entitlement on December 14, 2023, by Chief Special Master Brian H. Corcoran, with the award amount pending. The theory of causation is based on the Vaccine Injury Table. Petitioner's counsel was Michael Adly Baseluos, and respondent's counsel was Neil Bhargava. The public text does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award.
Source PDFs
USCOURTS-cofc-1_22-vv-00739