Marla Kay Sommerfield v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
On December 15, 2022, Marla Kay Sommerfield filed a petition alleging that an influenza vaccination administered on December 1, 2020 caused a shoulder injury related to vaccine administration. Respondent conceded entitlement in a Rule 4(c) report filed January 22, 2025, concluding that Ms.
Sommerfield suffered a SIRVA as defined by the Vaccine Injury Table, within the Table timeframe, and with no apparent alternative cause. Chief Special Master Brian H.
Corcoran found entitlement on January 23, 2025. The public decisions do not describe Ms.
Sommerfield's first symptom, examinations, imaging, injections, therapy, surgery, work limits, or daily-life impact. On February 20, 2025, the Chief Special Master awarded $80,630.36 as a lump sum through counsel's IOLTA account.
The award consisted of $77,500.00 for pain and suffering and $3,130.36 for past unreimbursable expenses. The proffer identified Ms.
Sommerfield as a competent adult. A later August 19, 2025 decision addressed attorneys' fees and costs only.
Theory of causation
Adult petitioner; influenza vaccine December 1, 2020; Table SIRVA. COMPENSATED. Respondent conceded Table timeframe/no apparent alternative cause; public text lacks treatment chronology. Entitlement January 23, 2025; damages February 20, 2025. Award $80,630.36 = $77,500.00 pain/suffering + $3,130.36 expenses. SM Corcoran. Petition filed December 15, 2022.
Source PDFs
USCOURTS-cofc-1_22-vv-01830