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

Filed 2016-04-18Decided 2016-05-27Vaccine Influenza
compensated$30,000

Case summary [AI summaries can sometimes make mistakes]

Linda Gusky filed a petition for compensation under the National Vaccine Injury Compensation Program on October 1, 2015, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on September 10, 2014. She further alleged that she suffered residual effects of this injury for more than six months.

The respondent denied that the flu vaccine caused her injury or any other condition. Nevertheless, on April 18, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Linda Gusky was awarded a lump sum of $30,000.00, representing compensation for all items of damages available under the Vaccine Act.

This decision was based on the joint stipulation of the parties. Paul R.

Brazil represented the petitioner, and Lara Ann Englund represented the respondent. The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.

Theory of causation

Petitioner Linda Gusky alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 10, 2014, with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey on May 27, 2016. Petitioner was awarded a lump sum of $30,000.00. The public text does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. Attorneys for petitioner were Paul R. Brazil and for respondent was Lara Ann Englund.

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