Loretta Shirley v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Loretta Shirley filed a petition on April 17, 2017, alleging that she sustained a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 27, 2014. The respondent denied that petitioner sustained a SIRVA Table injury within the Table timeframe, denied that the flu vaccine caused her alleged shoulder injury or any other injury or condition, denied that her alleged injury persisted for at least six months, and denied that her current condition is a sequela of a vaccine-related injury.
Despite these denials, the parties filed a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.
Petitioner was awarded a lump sum of $30,000.00, representing compensation for all damages available under the Vaccine Act. Judgment was entered in accordance with the stipulation.
Edward M. Kraus represented the petitioner, and Debra A.
Filteau Begley represented the respondent.
Theory of causation
Petitioner Loretta Shirley alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 27, 2014. Respondent denied a Table injury, causation, duration of at least six months, and sequelae. The parties stipulated to an award. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, treatments, or expert witnesses. Special Master Nora Beth Dorsey adopted the stipulation, awarding $30,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The decision was based on a stipulation, not a finding of fact or law after litigation. Attorneys involved were Edward M. Kraus for the petitioner and Debra A. Filteau Begley for the respondent. The decision date was May 7, 2021.
Source PDFs
USCOURTS-cofc-1_17-vv-00539