Linda Simmonds v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2016)
Case summary [AI summaries can sometimes make mistakes]
On February 24, 2016, Linda Simmonds filed a Vaccine Program petition after receiving an influenza vaccine in her left deltoid. Although the petition had alleged an August 19, 2014 vaccination date, the Chief Special Master later found that the evidence showed the vaccination occurred on September 10, 2014.
Simmonds alleged that the flu shot caused a shoulder injury related to vaccine administration, or SIRVA, and that the residual effects lasted more than six months. The public stipulation materials do not describe a broader clinical timeline, treatment course, or diagnostic testing.
Respondent denied that the flu vaccine caused the alleged SIRVA, residual effects, or any other injury. Maintaining those positions, the parties filed a joint stipulation on November 10, 2016.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it the same day. Simmonds was awarded a lump sum of $35,000.00, payable to her, representing all damages available under section 15(a).
She was represented by Paul Brazil of Muller Brazil, LLP.
Theory of causation
Influenza vaccine in left deltoid (September 10, 2014; petition originally alleged August 19, 2014 but court found September 10) alleged to cause SIRVA with residual effects for more than six months. COMPENSATED by joint stipulation. Respondent denied causation and denied any vaccine-caused injury; public stipulation has limited clinical facts. Chief Special Master Nora Beth Dorsey adopted the stipulation on November 10, 2016. Award: $35,000.00 lump sum payable to Linda Simmonds for all section 15(a) damages. Attorney: Paul Brazil, Muller Brazil, LLP, Dresher, PA.
Source PDFs
USCOURTS-cofc-1_16-vv-00258