Beverly Massey v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Beverly Massey filed a petition for compensation under the National Vaccine Injury Compensation Program on June 20, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 20, 2015, and that she experienced residual effects of this injury for more than six months.
The respondent denied that the flu vaccine caused her injury or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the denial, the parties filed a joint stipulation for damages on June 20, 2017.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The decision awarded Beverly Massey a lump sum of $45,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act.
The decision was issued on April 30, 2018. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.
Petitioner was represented by Andrew D. Downing of Van Cott & Talamante, PLLC, and respondent was represented by Lynn E.
Ricciardella of the U.S. Department of Justice.
Theory of causation
Petitioner Beverly Massey alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on November 20, 2015, with residual effects lasting over six months. Respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey on April 30, 2018. The stipulation resulted in a $45,000.00 lump sum award to the petitioner. The theory of causation was based on the "Table" of the Vaccine Injury Compensation Program, indicating a presumed link between the vaccine and the injury. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. Petitioner was represented by Andrew D. Downing, and respondent by Lynn E. Ricciardella.
Source PDFs
USCOURTS-cofc-1_16-vv-01032