Mary Grammer v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Mary Grammer filed a petition for compensation under the National Vaccine Injury Compensation Program on May 2, 2017, alleging injury from an influenza vaccine received on October 28, 2014. Petitioner claimed to have suffered a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months.
The influenza vaccine is listed on the Vaccine Injury Table. The respondent denied that petitioner sustained a Table SIRVA injury or that the vaccine caused her injury.
However, the parties reached a stipulation to settle the case. Special Master Thomas L.
Gowen issued a decision on the stipulation. As part of the stipulation, Mary Grammer was awarded $35,000.00 as compensation for all damages.
The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs. This stipulation represents a full and complete negotiated settlement of liability and damages.
Petitioner was represented by Isaiah R. Kalinowski of Maglio Christopher and Toale, PA.
Respondent was represented by Darryl R. Wishard of the United States Department of Justice.
Theory of causation
Petitioner Mary Grammer received an influenza vaccine on October 28, 2014, and alleged a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied that petitioner sustained a Table SIRVA injury or that the vaccine caused her injury. The parties reached a stipulation for settlement, and Special Master Thomas L. Gowen awarded petitioner $35,000.00 for all damages. Petitioner was represented by Isaiah R. Kalinowski, and respondent was represented by Darryl R. Wishard. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings.
Source PDFs
USCOURTS-cofc-1_17-vv-00593