Yvonne Shawgo v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Filed 2017-09-26Decided 2018-02-08Vaccine Influenza
compensated$95,000

Case summary [AI summaries can sometimes make mistakes]

Yvonne Shawgo filed a petition for compensation under the National Vaccine Injury Compensation Program on September 26, 2017, on behalf of herself. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her September 15, 2015, influenza vaccination.

Ms. Shawgo further alleged that she suffered residual effects from the injury for more than six months and that she had not received a prior award or settlement for this injury.

The respondent, the Secretary of Health and Human Services, denied that the influenza vaccination caused Ms. Shawgo's alleged SIRVA or any other injury.

Despite the denial, on September 26, 2017, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the Court's decision.

Ms. Shawgo was awarded a lump sum of $95,000.00, payable by check to the petitioner, as compensation for all items of damages.

The decision was issued on February 8, 2018. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and respondent was represented by Darryl R.

Wishard 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.

Theory of causation

Petitioner Yvonne Shawgo alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 15, 2015. The respondent denied causation. The parties filed a joint stipulation on September 26, 2017, agreeing to an award of compensation. Chief Special Master Nora Beth Dorsey adopted the stipulation as the Court's decision. Petitioner was awarded $95,000.00 as a lump sum. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, stating only that the respondent denied causation. The award was made pursuant to a stipulation.

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