Juha Oh v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Juha Oh filed a petition for compensation under the National Vaccine Injury Compensation Program on June 7, 2023. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving influenza and tetanus, diphtheria, acellular pertussis (Tdap) vaccinations on March 28, 2022.
Petitioner further alleged that she suffered the residual effects of her injury for more than six months. The respondent filed a Rule 4(c) report on May 20, 2024, conceding that Petitioner is entitled to compensation.
The respondent specifically indicated that Petitioner's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that she had satisfied all legal prerequisites for compensation. On June 4, 2024, a Ruling on Entitlement was issued, finding Petitioner entitled to compensation.
Subsequently, on May 29, 2024, the respondent filed a Proffer on award of compensation, indicating that Petitioner should be awarded $45,000.00 for pain and suffering and $374.23 for past unreimbursable expenses. The Petitioner agreed with the proffered award.
Chief Special Master Brian H. Corcoran issued a decision on July 10, 2024, awarding Juha Oh a total of $45,374.23, consisting of $45,000.00 for pain and suffering and $374.23 for past unreimbursable expenses, to be paid as a lump sum check payable to Petitioner.
Petitioner was represented by William E. Cochran, Jr. of Black McLaren Jones Ryland & Griffee, P.C., and the respondent was represented by Joseph Douglas Leavitt of the U.S.
Department of Justice.
Theory of causation
Petitioner Juha Oh alleged a shoulder injury related to vaccine administration (SIRVA) following influenza and Tdap vaccinations on March 28, 2022. The injury allegedly caused sequelae lasting more than six months. The respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner satisfied all legal prerequisites for compensation. The case proceeded as a Table claim. The parties stipulated to an award. Chief Special Master Brian H. Corcoran awarded Petitioner $45,374.23, comprising $45,000.00 for pain and suffering and $374.23 for past unreimbursable expenses. Petitioner was represented by William E. Cochran, Jr., and respondent was represented by Joseph Douglas Leavitt. The decision was issued on July 10, 2024.
Source PDFs
USCOURTS-cofc-1_23-vv-00847