Kris Aley v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Kris Aley filed a petition for compensation under the National Vaccine Injury Compensation Program on February 28, 2017, alleging a shoulder injury related to vaccine administration (SIRVA) in his left arm from a flu vaccination received on September 25, 2015. The respondent, the Secretary of Health and Human Services, denied that the alleged SIRVA was caused-in-fact by the vaccination.
However, on August 13, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded. The Chief Special Master, Nora Beth Dorsey, found the stipulation reasonable and adopted it.
Pursuant to the stipulation, Kris Aley was awarded a lump sum of $45,000.00 as compensation for all items of damages available under the Vaccine Act. The decision directed the clerk of the court to enter judgment accordingly.
Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Debra A.
Filteau Begley.
Theory of causation
Petitioner alleged a shoulder injury related to vaccine administration (SIRVA) in his left arm from a flu vaccination received on September 25, 2015. Respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. The Special Master adopted the stipulation, awarding $45,000.00. The decision was issued by Chief Special Master Nora Beth Dorsey on October 23, 2018, based on a stipulation filed August 13, 2018. Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Debra A. Filteau Begley.
Source PDFs
USCOURTS-cofc-1_17-vv-00286