Lorry J. Galbreath v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Lorry J. Galbreath filed a petition on June 27, 2016, seeking compensation under the National Vaccine Injury Compensation Program.
She alleged that she sustained a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by an influenza vaccine received on September 29, 2015. Ms.
Galbreath further claimed that she experienced residual effects from the injury for more than six months. The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms.
Galbreath's alleged SIRVA and residual effects. Despite this denial, the parties filed a joint stipulation on March 22, 2017, agreeing to a settlement.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Under the terms of the stipulation, Ms.
Galbreath was awarded a lump sum of $50,000.00 for all damages. Additionally, she was awarded $972.65 to reimburse a State of Iowa Medicaid lien, payable jointly to Ms.
Galbreath and the Iowa Department of Human Services. The decision was finalized on October 20, 2017.
The case was processed as an off-Table claim, and Ms. Galbreath received compensation.
Petitioner was represented by Justin Andrew Welply of Herzog Crebs, LLP, and respondent was represented by Voris Edward Johnson of the U.S. Department of Justice.
Theory of causation
Petitioner Lorry J. Galbreath alleged that an influenza vaccine administered on September 29, 2015, caused a Shoulder Injury Related to Vaccine Administration (SIRVA) in her left shoulder, with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation agreeing to a settlement. The Special Master adopted the stipulation, awarding petitioner $50,000.00 for all damages and $972.65 for a State of Iowa Medicaid lien reimbursement. The decision date was October 20, 2017. The case was processed as an off-Table claim. Petitioner's counsel was Justin Andrew Welply, and respondent's counsel was Voris Edward Johnson. Chief Special Master Nora Beth Dorsey issued the decision. The public decision does not describe the specific medical mechanism of injury, expert testimony, or detailed clinical findings.
Source PDFs
USCOURTS-cofc-1_16-vv-00751