Eardeal Miller v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Eardeal Miller filed a petition for compensation with the National Vaccine Injury Compensation Program on November 23, 2016. She alleged that she received an influenza vaccination on or about December 6, 2015, and that this vaccination caused a shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months.
The respondent denied that the flu vaccine caused petitioner's alleged SIRVA or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. The parties reached a stipulation to settle the issues, agreeing that a decision should be entered awarding compensation.
Under the terms of the stipulation, the court adopted the agreement as the decision awarding damages. Eardeal Miller was awarded a lump sum of $15,000.00 for all damages available under the program.
The decision was entered on July 29, 2019. Petitioner was represented by Milton C.
Ragsdale of Ragsdale LLC, and respondent was represented by Colleen C. Hartley of the United States Department of Justice.
Special Master Thomas L. Gowen issued the decision.
Theory of causation
Petitioner Eardeal Miller alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on or about December 6, 2015. The respondent denied that the flu vaccine caused the alleged SIRVA or any other injury, and denied that the alleged current disabilities were a sequela of a vaccine-related injury. The parties stipulated to settle the claim, with the respondent denying a Table injury. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence. Eardeal Miller was awarded $15,000.00 as a lump sum for all damages. The decision was entered on July 29, 2019, by Special Master Thomas L. Gowen. Petitioner's counsel was Milton C. Ragsdale, and respondent's counsel was Colleen C. Hartley.
Source PDFs
USCOURTS-cofc-1_16-vv-01566