Jayna Litz v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Filed 2017-02-02Decided 2019-02-27Vaccine Influenza
compensated$70,000

Case summary [AI summaries can sometimes make mistakes]

Jayna Litz, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on February 2, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on December 2, 2015, and that the sequelae of this injury lasted for more than six months.

The respondent denied that the alleged SIRVA and its residual effects were caused by the flu vaccine, and further denied that the flu vaccine caused any other injury or petitioner's current condition. Despite the respondent's denials, the parties filed a joint stipulation on January 23, 2019, agreeing that a decision should be entered awarding compensation.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Jayna Litz was awarded a lump sum of $70,000.00, payable to petitioner, as compensation for all items of damages available under the Vaccine Act.

The decision was issued on February 27, 2019. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. The public decision does not name any medical experts.

Theory of causation

Jayna Litz, an adult, received an influenza vaccine on December 2, 2015, and alleged a shoulder injury related to vaccine administration (SIRVA) with sequelae lasting more than six months. The respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in a $70,000.00 lump sum award for all damages. The public decision does not specify the theory of causation, the mechanism of injury, or name any experts. The decision date was February 27, 2019, following a petition filed on February 2, 2017. Petitioner's counsel was Amy A. Senerth, and respondent's counsel was Adriana Ruth Teitel.

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