Cristina Frank v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Cristina Frank filed a petition for compensation under the National Vaccine Injury Compensation Program on February 8, 2023, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 19, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Frank is entitled to compensation. The respondent agreed that her alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation.
Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Ms.
Frank is entitled to compensation. The case was granted entitlement and is pending a decision on damages.
Petitioner's counsel was Laura Levenberg of Muller Brazil, LLP. Respondent's counsel was Sarah Black Rifkin of the U.S.
Department of Justice. The decision was issued on April 23, 2024.
Theory of causation
Petitioner Cristina Frank alleged a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 19, 2020. The respondent conceded that the alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table (42 C.F.R. §§ 100.3(a), (c)(10)) and that Petitioner satisfied all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran found Petitioner entitled to compensation based on the respondent's concession and the evidence of record. The case was granted entitlement pending damages. Petitioner's counsel was Laura Levenberg; respondent's counsel was Sarah Black Rifkin. Decision date: April 23, 2024.
Source PDFs
USCOURTS-cofc-1_23-vv-00178