Ashley Loftis v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Ashley Loftis filed a petition for compensation under the National Vaccine Injury Compensation Program on March 22, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 1, 2015. She further alleged that her injuries lasted more than six months.
The respondent denied that the flu immunization caused her alleged SIRVA or any other injuries. Despite the denial, the parties filed a joint stipulation on August 14, 2018, agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Ashley Loftis was awarded a lump sum of $140,000.00 as compensation for all items of damages available under the Vaccine Act.
The decision directed the clerk of the court to enter judgment in accordance with this decision. Petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Daniel Anthony Principato of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury.
The specific details of the SIRVA are not described in the public decision.
Theory of causation
Petitioner Ashley Loftis alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 1, 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 a $140,000.00 lump sum award. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, but the condition category is SIRVA, which is recognized under the Vaccine Act. Petitioner was represented by Amber Diane Wilson (Maglio Christopher & Toale, PA) and respondent by Daniel Anthony Principato (U.S. Department of Justice). The decision date was October 23, 2018.
Source PDFs
USCOURTS-cofc-1_17-vv-00404