Nancy N. Relyea v. HHS - Influenza, shoulder injury related to vaccine administration (2017)
Case summary [AI summaries can sometimes make mistakes]
Nancy N. Relyea filed a petition for compensation under the National Vaccine Injury Compensation Program on October 14, 2016, on behalf of herself.
She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 16, 2013. Ms.
Relyea stated that the vaccine was administered in the United States and that she experienced residual effects of the injury for more than six months. She also affirmed that there had been no prior award or settlement of a civil action for damages related to her condition.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Relyea's alleged SIRVA or any other injury.
Despite the respondent's denial, the parties filed a joint stipulation on October 14, 2016, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Ms. Relyea was awarded a lump sum of $42,227.97, payable to her, as compensation for all items of damages.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner counsel was Carol L.
Gallagher of Carol L. Gallagher, Esquire, LLC, and respondent counsel was Douglas Ross of the U.S.
Department of Justice.
Theory of causation
Petitioner Nancy N. Relyea alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 16, 2013. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. Petitioner was awarded $42,227.97. The theory of causation is based on the Vaccine Injury Table, as indicated by the "Table" designation in the source data. The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the total lump sum. Petitioner counsel was Carol L. Gallagher, and respondent counsel was Douglas Ross. The decision date was February 2, 2017.
Source PDFs
USCOURTS-cofc-1_16-vv-00555