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

Filed 2017-03-21Decided 2019-02-27Vaccine Influenza
compensated$47,500

Case summary [AI summaries can sometimes make mistakes]

Carolyn Green filed a petition for compensation under the National Vaccine Injury Compensation Program on March 21, 2017, alleging a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine administered on November 2, 2015. Ms.

Green stated that the vaccine was administered in the United States and that her injuries and sequelae lasted more than six months. She also affirmed that neither she nor any other party had filed an action or received compensation for her vaccine-related injuries.

The respondent, the Secretary of Health and Human Services, denied that the alleged SIRVA and its residual effects were caused-in-fact by the flu vaccine, and further denied that the flu vaccine caused petitioner any other injury or her current condition. Despite the respondent's denials, the parties filed a joint stipulation for compensation on January 23, 2019.

Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Pursuant to the stipulation, Ms.

Green was awarded $47,500.00 as a lump sum, payable by check to the petitioner, as compensation for all items of damages available under the Vaccine Act. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice.

The decision was issued on February 27, 2019.

Theory of causation

Petitioner Carolyn Green alleged a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 2, 2015. Respondent denied that the flu vaccine caused the alleged SIRVA or any other injury. The parties filed a joint stipulation for compensation, and Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $47,500.00. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. Petitioner was represented by Amy A. Senerth, and respondent was represented by Adriana Ruth Teitel. The decision was issued on February 27, 2019.

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