Carol Williams v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Filed 2015-03-02Decided 2016-08-12Vaccine Influenza
compensated$125,000

Case summary [AI summaries can sometimes make mistakes]

Carol Williams filed a petition for compensation under the National Vaccine Injury Compensation Program on March 2, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 8, 2013.

The decision states that she alleged the vaccine was listed on the Vaccine Injury Table and administered in the United States, that she suffered the effects of the injury for more than six months, and that she had not filed a civil suit or received other compensation for the vaccine-related injury. The public decision is a short Special Processing Unit stipulation decision and does not describe Williams's onset, medical visits, imaging, injections, physical therapy, or other clinical details.

Respondent denied that the influenza vaccine caused any injury to Williams. Maintaining their positions, the parties filed a joint stipulation on August 11, 2016, agreeing that compensation should be awarded.

On August 12, 2016, Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. The public version was later filed on October 31, 2016.

Williams was represented by Ronald Homer of Conway, Homer & Chin-Caplan, P.C. in Boston, Massachusetts, and respondent was represented by Gordon Shemin of the U.S. Department of Justice.

The award was a single lump-sum payment of $125,000.00 payable to Williams. The stipulation stated that this amount represented compensation for all items of damages available under section 15(a).

The court directed the clerk to enter judgment in accordance with the decision unless a motion for review was filed.

Theory of causation

Influenza vaccine on January 8, 2013, allegedly causing shoulder injury related to vaccine administration (SIRVA). COMPENSATED by joint stipulation in the Special Processing Unit; respondent denied that the flu vaccine caused any injury. Public record is a short stipulation decision and does not provide onset interval, clinical course, diagnostic testing, treating-physician narrative, expert witnesses, or a litigated causation mechanism beyond the SIRVA allegation. Petition filed March 2, 2015. Joint stipulation filed August 11, 2016. Chief Special Master Nora Beth Dorsey decision internally filed August 12, 2016; public/PACER filing October 31, 2016. Award: $125,000 lump sum payable to Carol Williams for all damages available under section 15(a). Attorney: Ronald Homer, Conway, Homer & Chin-Caplan, P.C., Boston MA. Respondent counsel: Gordon Shemin, DOJ.

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