Gary Naylor v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Gary Naylor filed a petition for compensation under the National Vaccine Injury Compensation Program on January 30, 2017. He alleged that the influenza vaccine he received on October 15, 2015, caused him to develop shoulder injury related to vaccine administration (SIRVA).
The parties, represented by counsel Jessica A. Olins for Petitioner and Claudia B.
Gangi for Respondent, filed a stipulation on June 3, 2019, agreeing that Mr. Naylor should be awarded compensation.
Respondent denied that the flu vaccine caused the alleged SIRVA, but the parties stipulated to a joint award. Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
Mr. Naylor was awarded a lump sum of $30,000.00, payable by check to Petitioner, as compensation for all damages available under the program.
The decision was finalized on July 16, 2019. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
The specific mechanism of causation was not detailed in the public decision.
Theory of causation
Petitioner Gary Naylor alleged that an influenza vaccine administered on October 15, 2015, caused Shoulder Injury Related to Vaccine Administration (SIRVA). The Respondent denied causation. The parties filed a stipulation for award, agreeing to compensation without admitting causation. Special Master Herbrina Sanders adopted the stipulation. Petitioner was awarded $30,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The decision date was July 16, 2019. Petitioner's counsel was Jessica A. Olins, and Respondent's counsel was Claudia B. Gangi.
Source PDFs
USCOURTS-cofc-1_17-vv-00135