Jenine G. Fugate v. HHS - Influenza, shoulder injury ("SIRVA") (2016)
Case summary [AI summaries can sometimes make mistakes]
Jenine Gail Fugate filed a petition for compensation on July 6, 2015, alleging that an influenza vaccine she received on October 2, 2014, caused her to suffer a left shoulder injury, commonly known as SIRVA, with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her injury.
Despite the denial, the parties filed a joint stipulation agreeing to a settlement. Special Master Christian J.
Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Jenine Gail Fugate a lump sum payment of $150,000.00, payable by check, as compensation for all damages.
The court directed that judgment be entered according to this decision and the stipulation. Petitioner's counsel was Leah V.
Durant of the Law Office, and respondent's counsel was Linda S. Renzi of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments received.
Theory of causation
Petitioner Jenine Gail Fugate received an influenza vaccine on October 2, 2014, and alleged it caused a left shoulder injury (SIRVA) with residual effects lasting more than six months. The respondent denied causation. The parties reached a joint stipulation for settlement, which Special Master Christian J. Moran found reasonable and adopted as the Court's decision. The stipulation awarded a lump sum of $150,000.00 to petitioner. The theory of causation relied upon the Vaccine Injury Table, as the injury was alleged to be a condition listed in the Table. The public decision does not detail specific medical experts, competing medical theories, or the precise mechanism of injury, but indicates the case was resolved via stipulation rather than litigation on the merits of causation. Petitioner was represented by Leah V. Durant and respondent by Linda S. Renzi. The decision was issued on July 21, 2016.
Source PDFs
USCOURTS-cofc-1_15-vv-00703