Jane Goering v. HHS - Influenza, shoulder injury related to vaccine administration (“SIRVA”) (2016)
Case summary [AI summaries can sometimes make mistakes]
Jane Goering filed a petition for compensation under the National Vaccine Injury Compensation Program on July 29, 2014. She alleged that on December 17, 2012, she received an influenza vaccination and subsequently suffered a shoulder injury related to vaccine administration (SIRVA) and palindromic rheumatism.
The respondent conceded that the influenza vaccine caused the SIRVA but denied that it caused palindromic rheumatism or any other injury. The parties subsequently filed a joint stipulation on damages.
The Special Master found the stipulation reasonable and adopted it as the decision of the Court. The parties agreed that petitioner should receive compensation in the form of a lump sum of $90,000.00, payable to petitioner, representing all items of damages available under the Vaccine Act.
The decision was issued by Chief Special Master Nora Beth Dorsey on April 26, 2016. Ronald Homer represented the petitioner, and Traci Patton represented the respondent.
Theory of causation
Petitioner Jane Goering received an influenza vaccination on December 17, 2012. She alleged that this vaccination caused a shoulder injury related to vaccine administration (SIRVA) and palindromic rheumatism. Respondent conceded that the flu vaccine caused SIRVA but denied causation for palindromic rheumatism. The parties filed a joint stipulation on damages, agreeing that petitioner should receive compensation. The Special Master adopted the stipulation, awarding a lump sum of $90,000.00 for all items of damages. The decision was issued by Chief Special Master Nora Beth Dorsey on April 26, 2016. Petitioner was represented by Ronald Homer, and respondent was represented by Traci Patton. The theory of causation for SIRVA is based on the Vaccine Injury Table.
Source PDFs
USCOURTS-cofc-1_14-vv-00667