Rachel McCarron v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2017)
Case summary [AI summaries can sometimes make mistakes]
Rachel McCarron filed a petition for compensation under the National Vaccine Injury Compensation Program on August 25, 2016, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on August 27, 2014. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's injury or any other condition, and denied that her current disabilities were sequelae of a vaccine-related injury.
Despite the denial, the parties reached a joint stipulation for damages. Special Master Thomas L.
Gowen found the stipulation reasonable and adopted it as the decision of the Court. Petitioner was awarded $67,000.00 as a lump sum to compensate for all damages.
The parties agreed to expedite the entry of judgment by waiving the right to seek review. Howard S.
Gold represented the petitioner, and Lynn E. Ricciardella represented the respondent.
The public decision does not describe the onset, specific symptoms, diagnostic tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Rachel McCarron alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on August 27, 2014. The respondent denied causation. The case proceeded as a Table claim. The parties entered into a joint stipulation for damages, which was approved by Special Master Thomas L. Gowen. Petitioner was awarded $67,000.00 as a lump sum for all damages. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered in reaching the stipulation. Attorneys involved were Howard S. Gold for the petitioner and Lynn E. Ricciardella for the respondent. The decision date was May 11, 2017.
Source PDFs
USCOURTS-cofc-1_16-vv-01055