Sara Erickson v. HHS - Influenza, shoulder injury related to vaccine administration (2016)
Case summary [AI summaries can sometimes make mistakes]
On August 11, 2014, Sara Erickson filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on November 25, 2013. Ms.
Erickson further alleged that she continued to suffer the effects of her injury and that neither she nor anyone else had brought an action or received compensation for her injuries. The Secretary of Health and Human Services, respondent, denied that the flu vaccine caused petitioner's alleged right shoulder injury or any other injury, and further denied that petitioner's disabilities were sequelae of a vaccine-related injury.
Nevertheless, on February 17, 2016, petitioner Sara Erickson and the respondent filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Special Master found the stipulation reasonable and adopted it as the decision of the Court.
Sara Erickson was awarded a lump sum of $162,622.09, representing compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with this decision.
Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Lisa Watts of the U.S. Department of Justice.
The Special Master was Nora Beth Dorsey.
Theory of causation
Petitioner Sara Erickson alleged that an influenza vaccine administered on November 25, 2013, caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied causation. The parties filed a joint stipulation on February 17, 2016, agreeing to an award of compensation. The Special Master adopted the stipulation. Petitioner Sara Erickson was awarded $162,622.09 as a lump sum. The public decision does not describe the specific medical theory of causation, expert testimony, or detailed clinical facts regarding the alleged injury or its sequelae. Petitioner was represented by Maximillian Muller, and respondent was represented by Lisa Watts. Chief Special Master Nora Beth Dorsey issued the decision on May 6, 2016.
Source PDFs
USCOURTS-cofc-1_14-vv-00724