Patricia Walling v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Patricia Walling filed a petition for compensation under the National Vaccine Injury Compensation Program on September 19, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from her influenza vaccination on November 17, 2014. She claimed residual effects lasting more than six months and confirmed no prior civil action for damages.
The respondent, the Secretary of Health and Human Services, denied that the vaccination caused her SIRVA or any other injury. Despite the respondent's denial, the parties filed a joint stipulation for damages, which the court found reasonable.
Chief Special Master Nora Beth Dorsey awarded Patricia Walling a lump sum of $55,000.00 as compensation for all damages. This decision was based on the joint stipulation and was entered as the court's award.
Petitioner was represented by Rachel Elizabeth Gusman of Graves, McLain, PLLC, and respondent was represented by Kathryn Ann Robinette of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.
Theory of causation
Petitioner Patricia Walling alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on November 17, 2014. Respondent denied causation. The parties filed a joint stipulation for damages, which was approved by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $55,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, relying instead on the joint stipulation for resolution. Petitioner was represented by Rachel Elizabeth Gusman, and respondent by Kathryn Ann Robinette. The decision date was February 8, 2018.
Source PDFs
USCOURTS-cofc-1_16-vv-01493