Dawn Andrews v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Dawn Andrews filed a petition for vaccine compensation on December 20, 2016, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on November 24, 2015. She further alleged that she experienced the residual effects of this injury for more than six months.
The respondent denied that the influenza vaccine caused petitioner to suffer a SIRVA or any other injury. Despite these opposing positions, the parties filed a joint stipulation on March 15, 2018, agreeing that a decision should be entered awarding compensation.
Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Pursuant to the stipulation, Dawn Andrews was awarded a lump sum of $70,000.00, payable to her, as compensation for all available damages under 42 U.S.C. § 300aa-15(a).
The decision was issued on May 17, 2018. Petitioner was represented by John Robert Howie of Howie Law, PC, and the respondent was represented by Sarah Christina Duncan of the U.S.
Department of Justice.
Theory of causation
Petitioner Dawn Andrews received an influenza vaccine on November 24, 2015, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting more than six months. The respondent denied causation. The parties filed a joint stipulation agreeing to a settlement. The public text does not describe the specific mechanism of injury, medical experts, or diagnostic evidence. The Special Master adopted the stipulation, awarding $70,000.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). This case falls under the "Table" category, indicating the injury is presumed compensable if it meets the criteria listed in the Vaccine Injury Table. The decision was issued by Chief Special Master Nora Beth Dorsey on May 17, 2018. Petitioner's counsel was John Robert Howie, and respondent's counsel was Sarah Christina Duncan.
Source PDFs
USCOURTS-cofc-1_16-vv-01666