Sheri Hoeger v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2019)

Filed 2017-04-08Decided 2019-09-17Vaccine Influenza
compensated$45,100

Case summary [AI summaries can sometimes make mistakes]

Sheri Hoeger filed a petition for compensation under the National Vaccine Injury Compensation Program on March 14, 2017, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 20, 2015. She further alleged that her vaccine-related injuries lasted more than six months.

The respondent denied that the flu vaccine caused her injury. Nevertheless, on April 8, 2019, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Sheri Hoeger was awarded a lump sum of $45,100.00, representing compensation for all items of damages available under the Vaccine Act.

The award was made in the form of a check payable to the petitioner. The public decision does not describe the petitioner's counsel, respondent's counsel, specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.

The decision is unpublished and available on the court's website, with a process for redacting sensitive information.

Theory of causation

Petitioner Sheri Hoeger alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 20, 2015, with injuries lasting more than six months. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $45,100.00. The public text indicates a "Table" theory of causation was considered, but does not provide details on the specific mechanism, expert testimony, or the evidence considered in the stipulation. The decision date was September 17, 2019, with the stipulation filed on April 8, 2019. Petitioner was represented by Joseph Alexander Vuckovich of Maglio Christopher & Toale, PA, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice.

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