Rebecca J. McCorkle v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2015)
Case summary [AI summaries can sometimes make mistakes]
Rebecca J. McCorkle filed a petition on June 18, 2013, alleging that an influenza (flu) vaccination she received on October 17, 2011 caused her to develop Shoulder Injury Related to Vaccine Administration (SIRVA) and that she experienced the residual effects of this injury for more than six months.
Respondent denied that the flu vaccine caused petitioner's SIRVA, its residual effects, any other injury, or her current condition. Nonetheless, the parties agreed to settle the case by stipulation filed June 16, 2014.
Special Master Millman found the stipulation reasonable and adopted it as the decision of the Court. Petitioner received a lump sum of $78,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The parties subsequently agreed to attorneys' fees and costs of $17,007.00, payable jointly to petitioner and her counsel, Simina Vourlis. Petitioner was also reimbursed $350.00 for personally advanced litigation costs.
Theory of causation
Flu Oct 17, 2011 → SIRVA (residual >6 months). Stipulation Jun 16, 2014; SM Millman. Comp $78,000. Fees $17,007 + OOP $350 (Vourlis, Law Offices of Simina Vourlis, Columbus OH).
Source PDFs
USCOURTS-cofc-1_13-vv-00444