Jessica Richardson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Jessica Richardson filed a petition for compensation under the National Vaccine Injury Compensation Program on December 27, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination received on October 1, 2020, and that she had suffered from the injury for more than six months.
The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on November 17, 2023, conceding that the petitioner was entitled to compensation. The respondent stated that the petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table, noting that she had no prior history of shoulder pain or dysfunction, that her pain occurred within 48 hours after the intramuscular vaccination, that the pain and reduced range of motion were limited to the shoulder where the vaccine was administered, and that no other condition explained the pain.
The respondent also agreed that the petitioner suffered residual effects for more than six months. Based on the respondent's position and the evidence, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on November 20, 2023, finding Jessica Richardson entitled to compensation. Subsequently, on December 18, 2023, the respondent filed a Proffer on Award of Compensation, stating that the petitioner should be awarded $130,000.00 for actual pain and suffering, and that the petitioner agreed with this proffered award.
On January 18, 2024, Chief Special Master Corcoran issued a Decision Awarding Damages, awarding Jessica Richardson a lump sum payment of $130,000.00 in actual pain and suffering, in the form of a check payable to her. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act.
Petitioner was represented by Nancy Routh Meyers of Turning Point Litigation, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.
Theory of causation
Jessica Richardson filed a petition alleging SIRVA following an influenza vaccination on October 1, 2020. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA as defined by the Vaccine Injury Table, citing onset of pain within 48 hours post-vaccination, localized shoulder pain and reduced range of motion, no prior shoulder issues, and no other identified cause. The respondent also agreed that residual effects lasted more than six months. The public text does not describe specific medical experts, clinical details of the injury onset or progression, diagnostic tests, or treatments. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 20, 2023, finding entitlement based on the respondent's concession. A subsequent Decision Awarding Damages on January 18, 2024, awarded a $130,000.00 lump sum for pain and suffering, representing all damages under 42 U.S.C. § 300aa-15(a), as agreed upon by the parties. Petitioner was represented by Nancy Routh Meyers, and respondent by Sarah Christina Duncan.
Source PDFs
USCOURTS-cofc-1_22-vv-01902