Joanne McMaster v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Joanne McMaster filed a petition for compensation under the National Vaccine Injury Compensation Program on March 8, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 15, 2014.
Ms. McMaster stated that the vaccination was administered in the United States and that she experienced residual effects from the injury for more than six months.
She also affirmed that she had not received a prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms.
McMaster's alleged shoulder injury or any other condition. On September 11, 2018, the parties filed a joint stipulation agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey reviewed and adopted the stipulation. As compensation for all items of damages, Ms.
McMaster was awarded a lump sum of $30,000.00, payable by check to the petitioner. The decision was issued on October 24, 2018.
Petitioner's counsel was Ronald Craig Homer of Conway, Homer, P.C. Respondent's counsel was Ilene Clair Albala of the U.S.
Department of Justice.
Theory of causation
Petitioner Joanne McMaster alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 15, 2014. The respondent denied causation. The parties filed a joint stipulation on September 11, 2018, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $30,000.00 as compensation for all items of damages. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings. The theory of causation is based on the "Table" as indicated by the provided data, and the case was resolved via stipulation rather than litigation on the merits of causation.
Source PDFs
USCOURTS-cofc-1_17-vv-00319