Sharon Nathans v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
On October 7, 2015, Sharon Nathans filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on November 15, 2012. She further alleged that she suffered the residual effects of this injury for more than six months.
The respondent denied that the flu vaccine caused petitioner's SIRVA or any other injury. Despite the respondent's denial, the parties filed a joint stipulation on September 2, 2016, 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. Ms.
Nathans was awarded a lump sum of $50,000.00, payable to her, representing compensation for all items of damages available under the Vaccine Act. The decision was based on the joint stipulation of the parties.
Jeffrey S. Pop represented the petitioner, and Althea Walker Davis represented the respondent.
The decision was issued on November 2, 2016.
Theory of causation
Petitioner Sharon Nathans alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 15, 2012, with residual effects lasting more than six months. Respondent denied causation. The parties filed a joint stipulation agreeing to compensation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence supporting the SIRVA claim. The Special Processing Unit (SPU) was involved. Chief Special Master Nora Beth Dorsey adopted the joint stipulation, awarding petitioner $50,000.00 as a lump sum. The decision date was November 2, 2016. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Althea Walker Davis.
Source PDFs
USCOURTS-cofc-1_15-vv-01147