Victoria Cohen v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Victoria Cohen filed a petition for compensation under the National Vaccine Injury Compensation Program on August 1, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her influenza vaccination on September 28, 2015.
Ms. Cohen further alleged that she experienced residual effects of her injury for more than six months and that she had not received a prior award or settlement for this condition.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Cohen's SIRVA or any other injury.
Despite the respondent's denial, the parties filed a joint stipulation for damages on February 16, 2017. The Chief Special Master, Nora Beth Dorsey, found the stipulation to be reasonable and adopted it as the decision of the Court.
Under the stipulation, Victoria Cohen was awarded a lump sum of $40,000.00, payable by check to petitioner, as compensation for all damages. The decision directed the clerk of the court to enter judgment accordingly.
Petitioner's counsel was Russell Don Luiz, and respondent's counsel was Althea Walker Davis. The case proceeded as a Table claim.
Theory of causation
Victoria Cohen filed a petition alleging SIRVA from an influenza vaccination on September 28, 2015. The respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey. The stipulation awarded petitioner $40,000.00 in a lump sum for all damages. The case proceeded as a Table claim. Petitioner's counsel was Russell Don Luiz, and respondent's counsel was Althea Walker Davis. The decision date was February 16, 2017.
Source PDFs
USCOURTS-cofc-1_16-vv-00910