T.M. v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
On January 30, 2017, T.M. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 15, 2015. T.M. further alleged that the residual effects of the injury lasted for more than six months.
The respondent denied that the flu vaccine caused the alleged SIRVA and residual effects. Despite the respondent's denial, the parties filed a joint stipulation on September 21, 2018, agreeing to a settlement.
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, T.M. was awarded a lump sum of $75,000.00 as compensation for all items of damages.
The decision was issued on October 24, 2018. Petitioner was represented by William E.
Cochran, Jr., and respondent was represented by Voris Edward Johnson. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by T.M.
The flu vaccine is listed on the Vaccine Injury Table, and the alleged injury is SIRVA.
Theory of causation
Petitioner T.M. alleged a left shoulder injury related to vaccine administration (SIRVA) and residual effects lasting more than six months, resulting from an influenza vaccine received on October 15, 2015. The respondent denied causation. The parties filed a joint stipulation agreeing to a settlement. The Special Master adopted the stipulation, awarding $75,000.00 for all damages. The flu vaccine is listed on the Vaccine Injury Table, and the injury is SIRVA. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The attorneys involved were William E. Cochran, Jr. for the petitioner and Voris Edward Johnson for the respondent. Chief Special Master Nora Beth Dorsey issued the decision on October 24, 2018.
Source PDFs
USCOURTS-cofc-1_17-vv-00138