Desiree Danger v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Desiree Danger filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine received on September 24, 2015. She further alleged that the residual effects of this injury persisted for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged SIRVA or any other injury. Despite this denial, the parties filed a joint stipulation on April 10, 2018, agreeing to settle the case and award compensation.
Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Ms.
Danger was awarded a lump sum of $50,000.00, payable by check to the petitioner, as compensation for all items of damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on August 21, 2018.
Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Amy Paula Kokot of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, or treatments. The specific mechanism of injury is not detailed in the public decision, but the injury falls under the Vaccine Injury Table.
Theory of causation
Petitioner Desiree Danger received an influenza vaccine on September 24, 2015, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting over six months. Respondent denied causation. The parties entered into a joint stipulation for settlement, agreeing to an award of $50,000.00. The injury is listed on the Vaccine Injury Table. No specific medical experts or detailed causation theories were presented in the public decision, which was based on a stipulation. Chief Special Master Nora Beth Dorsey issued the decision on August 21, 2018. Petitioner was represented by John Robert Howie, and respondent by Amy Paula Kokot.
Source PDFs
USCOURTS-cofc-1_17-vv-00278