Patricia Swanson v. HHS - Influenza, shoulder injury related to vaccine administration (2017)

Filed 2016-11-30Decided 2017-03-09Vaccine Influenza
compensated$140,000

Case summary [AI summaries can sometimes make mistakes]

Patricia Swanson filed a petition for compensation under the National Vaccine Injury Compensation Program on November 30, 2016, on behalf of herself. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 2, 2014.

Ms. Swanson stated that the vaccine was administered in the United States, that she experienced residual effects of her injury for more than six months, and that she had no prior award or settlement for her condition.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her injury. Despite the respondent's denial, the parties filed a joint stipulation for damages on November 28, 2016.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the court's decision. The parties stipulated that Ms.

Swanson would receive $140,000.00 as compensation for all items of damages. This amount was to be paid as a lump sum via check payable to Patricia Swanson.

The decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner's counsel was Ronald C.

Homer of Conway, Homer & Chin-Caplan, P.C., and respondent's counsel was Gordon E. Shemin of the U.S.

Department of Justice. The public decision does not name any medical experts or detail the specific mechanism of injury.

Theory of causation

Patricia Swanson filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) after an influenza vaccination on October 2, 2014. The respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey on March 9, 2017. Petitioner received a lump sum award of $140,000.00 for all items of damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any medical experts. Petitioner was represented by Ronald C. Homer, and respondent was represented by Gordon E. Shemin.

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