Sharon Cain v. HHS - Influenza, left shoulder injury related to vaccine administration (2022)
Case summary [AI summaries can sometimes make mistakes]
Sharon Cain filed a petition on December 29, 2021, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 26, 2015. She further alleged that the residual effects of this injury lasted for more than six months.
The respondent denied that Ms. Cain met her burden to demonstrate a SIRVA table injury, and the case proceeded to a hearing.
However, on December 21, 2021, the parties filed a stipulation agreeing to settle the matter and award Ms. Cain compensation.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision.
The stipulation awarded Ms. Cain a lump sum payment of $60,000.00, representing all elements of compensation to which she was entitled under the Vaccine Act.
Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, P.A., and Respondent was represented by Alexis B. Babcock of the U.S.
Department of Justice. The public decision was issued on January 24, 2022.
Theory of causation
Petitioner Sharon Cain alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 26, 2015, with residual effects lasting over six months. Respondent denied a SIRVA table injury. The parties filed a stipulation on December 21, 2021, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The award was a lump sum of $60,000.00, representing all elements of compensation under the Vaccine Act. The public text does not specify the mechanism of injury, expert testimony, or detailed clinical findings. The case was filed on December 29, 2021, and the decision was issued on January 24, 2022. Petitioner's counsel was Joseph Alexander Vuckovich, and Respondent's counsel was Alexis B. Babcock.
Source PDFs
USCOURTS-cofc-1_17-vv-00264