Dolores Jefferson v. HHS - Influenza, SIRVA (2024)
Case summary [AI summaries can sometimes make mistakes]
Dolores Jefferson filed a petition for compensation under the National Vaccine Injury Compensation Program on August 21, 2023, alleging injury from an influenza vaccine received on September 11, 2020. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.
Jefferson is entitled to compensation. The respondent agreed that her alleged injury, Shoulder Injury Related to Vaccine Administration (SIRVA), is consistent with the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation.
On August 30, 2024, Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement, finding Ms.
Jefferson entitled to compensation. Subsequently, on September 19, 2024, the respondent filed a Proffer on Award of Compensation, stating that Ms.
Jefferson agreed with the proffered award. On October 21, 2024, Chief Special Master Corcoran issued a Decision on Damages.
The parties stipulated to an award of $37,500.00 for pain and suffering, representing all elements of compensation available under the Act. Ms.
Jefferson is a competent adult, and the award was to be paid as a lump sum check made payable to her. Petitioner counsel was David Gregory Rogers of Rogers, Hofrichter & Karrh, LLC, and respondent counsel was Alec Saxe of the U.S.
Department of Justice.
Theory of causation
Petitioner Dolores Jefferson alleged injury from an influenza vaccine received on September 11, 2020. The alleged injury was Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that the alleged injury is consistent with the Vaccine Injury Table. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The parties stipulated to an award of $37,500.00 for pain and suffering. Chief Special Master Brian H. Corcoran issued the Ruling on Entitlement on August 30, 2024, and the Decision on Damages on October 21, 2024. Petitioner counsel was David Gregory Rogers, and respondent counsel was Alec Saxe.
Source PDFs
USCOURTS-cofc-1_23-vv-01370