William Jones v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
William Jones filed a petition for compensation under the National Vaccine Injury Compensation Program on August 3, 2022, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 22, 2020. The respondent filed a Rule 4(c) report on November 1, 2023, conceding that Mr.
Jones's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he 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 2, 2023, finding Mr. Jones entitled to compensation.
Subsequently, on April 16, 2024, the respondent filed a proffer on the award of compensation, proposing a payment of $77,500.00 for pain and suffering, which Mr. Jones agreed to.
In a Decision Awarding Damages dated May 20, 2024, Chief Special Master Corcoran awarded William Jones a lump sum payment of $77,500.00 in pain and suffering, representing all damages available under Section 15(a) of the Vaccine Act. The award was to be made in the form of a check payable to William Jones.
Petitioner's counsel was Jerome A. Konkel of Samster, Konkel & Safran, S.C., and respondent's counsel was Austin Joel Egan of the U.S.
Department of Justice. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner William Jones alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 22, 2020. The respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner suffered residual effects for more than six months. The public text does not detail the specific mechanism of injury, expert testimony, or competing medical theories. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 2, 2023, finding Petitioner entitled to compensation. On April 16, 2024, Respondent filed a proffer for an award of $77,500.00 for pain and suffering, which Petitioner agreed to. Chief Special Master Corcoran awarded this amount as a lump sum payment on May 20, 2024. Petitioner was represented by Jerome A. Konkel, and Respondent was represented by Austin Joel Egan.
Source PDFs
USCOURTS-cofc-1_22-vv-00850