Denise M. Hoctor v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2024-06-04Decided 2024-07-09Vaccine Influenza
entitlement_granted_pending_damages

Case summary [AI summaries can sometimes make mistakes]

Denise M. Hoctor filed a petition for compensation under the National Vaccine Injury Compensation Program on June 4, 2024, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 28, 2022.

She further alleged that the residual effects of her injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 30, 2024, conceding that Ms.

Hoctor is entitled to compensation. The respondent stated that her alleged injury is consistent with SIRVA as defined by the Vaccine Injury Table and that she has satisfied all legal prerequisites for compensation under the Act.

Based on the respondent's concession and the evidence of record, Chief Special Master Brian H. Corcoran found that Ms.

Hoctor is entitled to compensation. The case is proceeding to determine the award amount.

Petitioner counsel was Mark Saliman of Saliman Law, L.L.C. Respondent counsel was Sarah Christina Duncan of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests performed, or treatments received.

The specific mechanism of injury is not detailed in the public decision, other than its consistency with SIRVA as defined by the Vaccine Injury Table.

Theory of causation

Petitioner Denise M. Hoctor received an influenza vaccination on September 28, 2022, and alleged a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The respondent conceded entitlement, stating the injury is consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites were met. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on July 9, 2024, finding Petitioner entitled to compensation. The case is proceeding to determine the award amount. Petitioner counsel was Mark Saliman. Respondent counsel was Sarah Christina Duncan. The public decision does not name specific medical experts or detail the mechanism of injury beyond its classification as SIRVA under the Vaccine Injury Table.

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