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

Filed 2023-12-05Decided 2024-10-24Vaccine Influenza
compensated$92,918

Case summary [AI summaries can sometimes make mistakes]

On December 5, 2023, Ellen Einhorn filed a petition alleging that an influenza vaccination administered on November 2, 2021 caused a shoulder injury related to vaccine administration. Respondent filed a Rule 4(c) report conceding entitlement.

Chief Special Master Brian H. Corcoran found that the injury was consistent with Table SIRVA, that the residual effects lasted more than six months, and that the legal prerequisites for compensation were met.

The public entitlement ruling and damages proffer do not describe Ms. Einhorn's first shoulder symptom, onset interval, imaging, injections, physical therapy, or day-to-day limitations.

On October 24, 2024, the Chief Special Master awarded $92,918.55 as a lump sum through counsel's IOLTA account: $92,500.00 for pain and suffering and $418.55 for past unreimbursable expenses. The proffer also stated that Ms.

Einhorn was a competent adult and that guardianship evidence was not required. A later September 19, 2025 decision concerned attorneys' fees and costs only.

Theory of causation

Adult petitioner; influenza vaccine November 2, 2021; Table SIRVA. COMPENSATED. Respondent conceded Table SIRVA and legal prerequisites; public merits text lacks clinical chronology. Entitlement August 30, 2024; damages October 24, 2024. Award $92,918.55 = $92,500.00 pain/suffering + $418.55 expenses. SM Corcoran. Petition filed December 5, 2023. Attorney: Ronald Craig Homer.

Source PDFs 6 total · 5 downloaded