Isabelle Cowans v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)

Isabelle Cowans filed a petition for compensation under the National Vaccine Injury Compensation Program on November 19, 2015. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 10, 2014.

Ms. Cowans further alleged that she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages on her behalf as a result of her condition.

The respondent denied that the flu vaccine caused petitioner’s alleged SIRVA, any other injury, or her current disabilities. Nevertheless, on October 7, 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. The award included a lump sum of $35,000.00 payable to petitioner for pain and suffering, and a lump sum of $314.70 to reimburse a lien for services rendered, payable jointly to petitioner and the Illinois Department of Healthcare and Family Services.

Petitioner agreed to endorse the latter check to the State of Illinois. The total compensation awarded was $35,314.70.

Petitioner was represented by Jeffrey S. Pop of Jeffrey S.

Pop & Associates, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.