Dennis Ngo v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2023-07-26Decided 2024-07-16Vaccine Influenza
compensated$30,628

Case summary [AI summaries can sometimes make mistakes]

Dennis Ngo filed a petition for compensation under the National Vaccine Injury Compensation Program on July 26, 2023, alleging that he suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on October 25, 2022. The petition stated that the vaccine was administered in the United States, that the injury's sequelae lasted for more than six months, and that no prior award or settlement had been made for this injury.

The case was assigned to the Special Processing Unit. On May 9, 2024, the Respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that the Petitioner was entitled to compensation.

The Respondent concluded that the Petitioner's injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that all legal prerequisites for compensation had been met. Based on the Respondent's position and the evidence, Chief Special Master Brian H.

Corcoran issued a Ruling on Entitlement on May 16, 2024, finding the Petitioner entitled to compensation. Subsequently, on June 5, 2024, the Respondent filed a Proffer on Award of Compensation.

The Proffer recommended an award of $30,628.00, consisting of $30,000.00 for pain and suffering and $628.00 for past unreimbursed expenses. The Petitioner agreed with this proffered award.

On July 16, 2024, Chief Special Master Corcoran issued a decision awarding the proffered amount, concluding the case. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and Respondent was represented by Mary Eileen Holmes of the U.S.

Department of Justice.

Theory of causation

Petitioner Dennis Ngo alleged a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on October 25, 2022. The Respondent conceded that the injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that Petitioner met all legal prerequisites for compensation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding onset or symptoms. Petitioner was found entitled to compensation on May 16, 2024, by Chief Special Master Brian H. Corcoran. An award of $30,628.00 was granted on July 16, 2024, by Chief Special Master Corcoran, based on a stipulation between Petitioner and Respondent, comprising $30,000.00 for pain and suffering and $628.00 for past unreimbursed expenses. Petitioner was represented by Laura Levenberg (Muller Brazil, LLP) and Respondent by Mary Eileen Holmes (U.S. Department of Justice).

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