Patricia Corcoran v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Patricia Corcoran filed a petition for compensation under the National Vaccine Injury Compensation Program on February 9, 2023, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on October 1, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on April 3, 2024, conceding that Ms.
Corcoran's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. Based on the respondent's position and the evidence of record, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on April 4, 2024, finding Ms. Corcoran entitled to compensation.
Subsequently, on June 10, 2024, the respondent filed a Proffer on award of compensation, which Ms. Corcoran agreed to.
In a decision finalized on July 15, 2024, Chief Special Master Corcoran awarded Ms. Corcoran a lump sum of $73,255.24.
This award consisted of $72,500.00 for pain and suffering and $755.24 for past unreimbursable expenses, representing compensation for all damages available under the program. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Neil Bhargava of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury beyond its classification as SIRVA.
Theory of causation
Petitioner Patricia Corcoran alleged a Table shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 1, 2021. The respondent conceded that the alleged injury was consistent with SIRVA and that petitioner met all legal prerequisites for compensation. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 4, 2024, finding petitioner entitled to compensation. A Proffer on award of compensation was filed on June 10, 2024, and agreed to by the petitioner. The final decision on July 15, 2024, awarded a lump sum of $73,255.24, comprising $72,500.00 for pain and suffering and $755.24 for past unreimbursable expenses. The theory of causation relied on the Vaccine Injury Table definition of SIRVA, with no specific medical experts or detailed mechanism of injury described in the public text. Petitioner was represented by Leah VaSahnja Durant and respondent by Neil Bhargava.
Source PDFs
USCOURTS-cofc-1_23-vv-00186