Jamie Drake v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2025-02-28Decided 2025-04-04Vaccine Influenza
compensated$39,167

Case summary [AI summaries can sometimes make mistakes]

Jamie Drake filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2025, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on December 14, 2022. Ms.

Drake alleged that the vaccine was administered in the United States, that her injury lasted for more than six months, and that she had not filed any other action for her vaccine-related injury. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on February 25, 2025, conceding entitlement to compensation.

The respondent concluded that Ms. Drake's injury was consistent with a SIRVA as defined by the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation.

Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 4, 2025, finding Petitioner entitled to compensation.

Subsequently, on April 4, 2025, Chief Special Master Corcoran issued a Decision awarding damages based on a proffer of compensation agreed upon by both parties. The total award amounted to $39,167.69, comprising $39,000.00 for pain and suffering and $167.69 for past unreimbursed expenses.

This award was to be paid as a lump sum through an ACH deposit to Petitioner's counsel's IOLTA account. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP, and Respondent was represented by James Connor Daughton of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as a SIRVA.

Theory of causation

Petitioner Jamie Drake alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on December 14, 2022. The respondent conceded entitlement, agreeing that the injury was consistent with SIRVA as defined by the Vaccine Injury Table and that Petitioner met all legal prerequisites. The public text does not detail the specific mechanism of injury, expert testimony, or competing medical theories. The case resulted in a compensated outcome. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on April 4, 2025, and a Decision awarding damages on April 4, 2025. The award was a lump sum of $39,167.69, consisting of $39,000.00 for pain and suffering and $167.69 for past unreimbursed expenses, based on a joint proffer of damages. Petitioner's counsel was Laura Levenberg, and Respondent's counsel was James Connor Daughton.

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