Carol Lifton v. HHS - Influenza, shoulder injury related to vaccine administration (2018)
Case summary [AI summaries can sometimes make mistakes]
Carol Lifton filed a petition for compensation under the National Vaccine Injury Compensation Program on October 19, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 22, 2015. Petitioner stated the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for this condition.
The respondent denied that the flu vaccine caused her SIRVA or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation on October 18, 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. The decision awarded Carol Lifton a lump sum of $110,000.00, payable by check to the petitioner, as compensation for all items of damages.
Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Lynn Elizabeth Ricciardella of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
Theory of causation
Petitioner Carol Lifton alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 22, 2015. Respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $110,000.00 as a lump sum. Petitioner counsel was Alison H. Haskins, and respondent counsel was Lynn Elizabeth Ricciardella. Decision date was May 22, 2018.
Source PDFs
USCOURTS-cofc-1_16-vv-01606