Hedy Glover v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Filed 2017-06-12Decided 2018-04-25Vaccine Influenza
compensated$20,000

Case summary [AI summaries can sometimes make mistakes]

On June 12, 2017, Hedy Glover filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on September 18, 2016. Ms.

Glover claimed her symptoms persisted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated her alleged injury or that her disabilities resulted from a vaccine-related injury.

Despite these opposing positions, the parties filed a joint stipulation on April 25, 2018, agreeing to a settlement. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Pursuant to the stipulation, Ms. Glover was awarded $20,000.00 as compensation for all damages, to be paid as a lump sum via check.

This award represents a settlement for her alleged SIRVA injury, which is listed in the Vaccine Injury Table. The decision was entered on April 25, 2018.

Petitioner was represented by Matthew B. Vianello of Jacobson Press & Fields, and respondent was represented by Darryl R.

Wishard of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests, or treatments. The stipulation states that compensation is for all damages available under 42 U.S.C. § 300aa-15(a) and that attorneys' fees and costs would be addressed in subsequent proceedings.

Theory of causation

Petitioner Hedy Glover filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) after receiving the influenza vaccine on September 18, 2016. The injury is listed in the Vaccine Injury Table. Respondent denied causation. The parties reached a joint stipulation for settlement. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $20,000.00 as a lump sum for all damages. The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. The stipulation, filed April 25, 2018, and decision entered April 25, 2018, represents a negotiated settlement of liability and damages. Petitioner's counsel was Matthew B. Vianello; respondent's counsel was Darryl R. Wishard.

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