Jennifer Duft v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)

Filed 2017-04-28Decided 2018-10-23Vaccine Influenza
compensated$100,000

Case summary [AI summaries can sometimes make mistakes]

Jennifer Duft filed a petition for compensation under the National Vaccine Injury Compensation Program on April 28, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 26, 2016. Ms.

Duft stated the vaccine was administered in the United States, her injury lasted longer than six months, and she had not filed any other civil action for her injuries. The respondent denied that the flu vaccine caused her alleged left SIRVA or any other injury, and further denied that her current disabilities were a sequela of a vaccine-related injury.

Despite the respondent's denial, the parties filed a joint stipulation on August 27, 2018, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision.

Jennifer Duft was awarded a lump sum of $100,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act. Petitioner's counsel was Jeffrey S.

Pop of Jeffrey S. Pop & Associates.

Respondent's counsel was Glenn Alexander MacLeod of the U.S. Department of Justice.

The decision was issued on October 23, 2018.

Theory of causation

Petitioner Jennifer Duft alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on September 26, 2016. The respondent denied causation. The parties filed a joint stipulation for compensation on August 27, 2018. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $100,000.00 for all damages. The theory of causation is based on the Vaccine Injury Table (SIRVA). Petitioner was represented by Jeffrey S. Pop, and respondent was represented by Glenn Alexander MacLeod. The decision was issued on October 23, 2018.

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