Carolyn Wagner v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Carolyn Wagner filed a petition for compensation under the National Vaccine Injury Compensation Program on October 14, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her influenza vaccination on September 30, 2014.
Ms. Wagner further alleged that she experienced residual effects from the injury for more than six months and had no prior award or settlement for her condition.
The respondent, the Secretary of Health and Human Services, denied that the SIRVA was caused by the vaccination. Despite the respondent's denial, the parties filed a joint stipulation for compensation on October 13, 2016.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Carolyn Wagner was awarded a lump sum of $110,000.00, payable to her, as compensation for all items of damages.
Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Debra A.
Filteau Begley. The decision was issued on February 2, 2017.
Theory of causation
Petitioner Carolyn Wagner alleged that her September 30, 2014 influenza vaccination caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied causation. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey. The public decision does not describe the specific medical mechanism, expert testimony, or clinical details of the alleged injury or its onset. Petitioner was awarded $110,000.00 as a lump sum. The theory of causation is noted as 'Off-Table' in the provided data. Attorneys involved were Jeffrey S. Pop for the petitioner and Debra A. Filteau Begley for the respondent. The decision date was February 2, 2017.
Source PDFs
USCOURTS-cofc-1_16-vv-00377