Glenda Garnsey v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Glenda Garnsey filed a petition for compensation under the National Vaccine Injury Compensation Program on November 16, 2016, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 7, 2015. The respondent filed a Rule 4(c) report on June 14, 2017, conceding that the petitioner's injury was consistent with SIRVA and was caused by the flu vaccination.
Based on this concession, Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 15, 2017, finding Ms. Garnsey entitled to compensation.
Subsequently, on July 31, 2017, the respondent filed a proffer recommending an award of $69,096.96. The decision dated May 2, 2018, memorialized this recommendation, awarding Glenda Garnsey a lump sum payment of $69,096.96, representing compensation for all damages available under the Vaccine Act.
The petitioner is a competent adult. Petitioner was represented by Paul Brazil of Muller Brazil, LLP, and the respondent was represented by Mallori Openchowski of the U.S.
Department of Justice.
Theory of causation
Petitioner Glenda Garnsey alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on December 7, 2015. The respondent conceded that the injury was consistent with SIRVA and caused by the vaccination. The case was assigned to the Special Processing Unit. Chief Special Master Nora Beth Dorsey issued a Ruling on Entitlement on June 15, 2017, finding petitioner entitled to compensation based on the respondent's concession. On July 31, 2017, respondent filed a proffer recommending an award of $69,096.96, which petitioner agreed to. A decision on May 2, 2018, awarded petitioner a lump sum of $69,096.96. The theory of causation was based on the "Table" for SIRVA. Petitioner was represented by Paul Brazil and respondent by Mallori Openchowski.
Source PDFs
USCOURTS-cofc-1_16-vv-01528