Arlen E. Twerdok v. HHS - Influenza, shoulder injury related to vaccine administration (“SIRVA”) (2016)
Case summary [AI summaries can sometimes make mistakes]
On December 29, 2014, Arlen E. Twerdok filed a petition for compensation under the National Vaccine Injury Compensation Program.
The petitioner alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on January 9, 2013, and that she experienced residual effects lasting more than six months. The respondent denied that the flu vaccine caused the alleged SIRVA or any other injury.
Despite the respondent's denial, the parties filed a joint stipulation on December 30, 2015, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Arlen E. Twerdok was awarded a lump sum of $70,000.00, payable to the petitioner, as compensation for all items of damages.
The decision was issued on May 2, 2016. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.
Laurie C. TeWinkle represented the petitioner, and Julia Wernett McInerny represented the respondent.
Theory of causation
Petitioner Arlen E. Twerdok alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on January 9, 2013, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $70,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision date was May 2, 2016. Attorneys were Laurie C. TeWinkle for the petitioner and Julia Wernett McInerny for the respondent.
Source PDFs
USCOURTS-cofc-1_14-vv-01237