Daniel Mitchell v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Daniel Mitchell filed a petition for compensation under the National Vaccine Injury Compensation Program on July 20, 2023, alleging that he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine received on October 8, 2021. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on July 25, 2024, conceding that Mr.
Mitchell's alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that he had satisfied all legal prerequisites for compensation. On July 29, 2024, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement, finding Mr. Mitchell entitled to compensation.
Subsequently, on September 11, 2024, the respondent filed a Proffer on Award of Compensation, which Mr. Mitchell agreed to.
On October 17, 2024, Chief Special Master Corcoran issued a Decision on Damages, awarding Daniel Mitchell a lump sum of $100,000.00 for pain and suffering. This award represents compensation for all damages available under Section 15(a) of the Vaccine Act.
Petitioner was represented by Jubaile Abila of Groth Law Firm, and respondent was represented by Neil Bhargava of the U.S. Department of Justice.
The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Daniel Mitchell alleged a Table shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 8, 2021. The respondent conceded that the alleged injury was consistent with SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation were met. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on July 29, 2024, finding Petitioner entitled to compensation. A subsequent Decision on Damages on October 17, 2024, awarded Petitioner a lump sum of $100,000.00 for pain and suffering, representing all damages under 42 U.S.C. § 300aa-15(a). The public text does not detail the specific mechanism of injury, expert testimony, or the petitioner's counsel, other than identifying the firm. Petitioner counsel: Jubaile Abila, Groth Law Firm. Respondent counsel: Neil Bhargava, U.S. Department of Justice. Special Master: Brian H. Corcoran.
Source PDFs
USCOURTS-cofc-1_23-vv-01126