Tracy Conley v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Tracy Conley filed a petition for compensation under the National Vaccine Injury Compensation Program on October 25, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 9, 2013.
Ms. Conley stated that the vaccine was administered in the United States and that she experienced residual effects for more than six months.
Respondent denied that the flu vaccine caused her alleged SIRVA or any other injury. The parties subsequently filed a joint stipulation for damages, 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.
Conley was awarded a lump sum of $65,296.00, representing compensation for all items of damages available under the Vaccine Act. This decision was based on the joint stipulation and was entered on February 13, 2017.
Petitioner counsel was James B. Blumenstiel of Blumenstiel Falvo, LLC, and respondent counsel was Lara A.
Englund of the U.S. Department of Justice.
Theory of causation
Petitioner Tracy Conley alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 9, 2013. Respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism of injury. The award was a lump sum of $65,296.00 for all damages available under the Vaccine Act. Chief Special Master Nora Beth Dorsey issued the decision on February 13, 2017, based on the joint stipulation. Petitioner counsel was James B. Blumenstiel, and respondent counsel was Lara A. Englund.
Source PDFs
USCOURTS-cofc-1_16-vv-00163