Janna Duckett v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Filed 2017-11-15Decided 2018-05-10Vaccine Influenza
compensated$78,000

Case summary [AI summaries can sometimes make mistakes]

Janna Duckett filed a petition for compensation under the National Vaccine Injury Compensation Program on October 11, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 17, 2015. Petitioner alleged the vaccine was administered in the United States and that she suffered residual effects for more than six months, with no prior award or settlement.

The respondent denied that the flu vaccine caused her alleged shoulder injury or any other condition. Despite the respondent's denial, the parties filed a joint stipulation on November 14, 2017, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Janna Duckett was awarded a lump sum of $78,000.00, representing compensation for all items of damages available under the Vaccine Act.

The decision was entered on May 10, 2018. Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent was represented by Jennifer Leigh Reynaud of the U.S.

Department of Justice.

Theory of causation

Petitioner Janna Duckett alleged a shoulder injury related to vaccine administration (SIRVA) following an October 17, 2015, influenza vaccination. Respondent denied that the flu vaccine caused the alleged injury or any other condition. The parties filed a joint stipulation agreeing to an award of compensation. The public decision does not describe the specific medical theory of causation, expert testimony, or the mechanism of injury. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $78,000.00 for all items of damages. The decision was entered on May 10, 2018. Petitioner's counsel was Diana Lynn Stadelnikas, and respondent's counsel was Jennifer Leigh Reynaud.

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