David Webb v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
David Webb filed a petition for compensation under the National Vaccine Injury Compensation Program on April 17, 2023, alleging he suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 22, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on March 18, 2024, conceding that Mr.
Webb's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he met all legal prerequisites for compensation. Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement on March 18, 2024, finding Mr. Webb entitled to compensation.
Subsequently, on April 5, 2024, the respondent filed a proffer on award of compensation, which Mr. Webb agreed to.
Chief Special Master Corcoran issued a Decision on Damages on May 6, 2024, awarding Mr. Webb a lump sum payment of $52,500.00 for past pain and suffering, representing all damages available under the Act.
Petitioner was represented by Edward M. Kraus of Kraus Law Group, LLC, and respondent was represented by Madelyn Weeks of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
The specific mechanism of injury is not detailed in the public decision.
Theory of causation
Petitioner David Webb filed a petition on April 17, 2023, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on September 22, 2021. The respondent conceded that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. A Ruling on Entitlement was issued by Chief Special Master Brian H. Corcoran on March 18, 2024, finding petitioner entitled to compensation. On April 5, 2024, a Proffer on Award of Compensation was filed, agreeing to a lump sum payment of $52,500.00 for past pain and suffering, representing all damages under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Edward M. Kraus, and respondent by Madelyn Weeks. The public text indicates a "Table" theory of causation, specifically SIRVA, and does not detail specific medical experts, competing medical theories, or the mechanism of injury beyond its classification as SIRVA.
Source PDFs
USCOURTS-cofc-1_23-vv-00526