Britton Miller v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
On March 3, 2017, Britton Miller filed a petition under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 25, 2015, caused her to develop a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The respondent denied that the vaccine caused the alleged injury.
On August 6, 2019, both parties filed a stipulation for award, agreeing that compensation should be paid to the petitioner. Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the court.
The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner was awarded a lump sum of $60,120.00, payable by check to Petitioner, to cover all damages including out-of-pocket medical expenses and pain and suffering.
Judgment was to be entered in accordance with the stipulation, unless a motion for review was filed. Petitioner was represented by Leah V.
Durant of the Law Offices of Leah V. Durant, PLLC, and Respondent was represented by Jeffrey T.
Sprague of the United States Department of Justice. The decision was signed by Special Master Sanders on August 12, 2019.
Theory of causation
Petitioner Britton Miller alleged that an influenza vaccine received on October 25, 2015, caused a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied causation. The parties filed a stipulation for award, agreeing to compensation without admitting causation. The Special Master adopted the stipulation. The theory of causation is based on the Vaccine Injury Table (SIRVA). Petitioner was awarded $60,120.00 as a lump sum for all damages. The decision was issued by Special Master Herbrina Sanders on August 12, 2019. Petitioner's counsel was Leah V. Durant, and Respondent's counsel was Jeffrey T. Sprague.
Source PDFs
USCOURTS-cofc-1_17-vv-00297