Valerie Robertson v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2016)

Filed 2016-05-26Decided 2016-09-23Vaccine Influenza
compensated$91,312

Case summary [AI summaries can sometimes make mistakes]

Valerie Robertson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 16, 2015. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 15, 2014.

Ms. Robertson further alleged that she experienced residual effects from the injury for more than six months and that no prior award or settlement had been made for her condition.

The respondent denied that the influenza vaccine caused Ms. Robertson's alleged left shoulder injury or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury.

Despite the respondent's denial, the parties filed a joint stipulation for damages on May 25, 2016. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court.

The stipulation awarded Ms. Robertson a lump sum of $91,312.11, payable by check to petitioner.

This amount was intended to compensate for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment in accordance with the stipulation, unless a motion for review was filed.

Jeffrey S. Pop represented the petitioner, and Lisa Ann Watts represented the respondent.

Theory of causation

Petitioner Valerie Robertson alleged a left shoulder injury related to vaccine administration (SIRVA) following an October 15, 2014, influenza vaccination. The respondent denied that the vaccine caused the alleged injury or any sequelae. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $91,312.11 to Ms. Robertson. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism of injury. The award was based on a joint stipulation between the parties. Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Lisa Ann Watts. The decision date was September 23, 2016.

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