Rochelle Belt v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)
Case summary [AI summaries can sometimes make mistakes]
Rochelle Belt filed a petition for compensation under the National Vaccine Injury Compensation Program on June 29, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 17, 2016, or alternatively, that this injury was caused-in-fact by the vaccine.
Ms. Belt stated that the vaccination occurred in the United States and that she experienced residual effects for more than six months.
She also affirmed that no civil action had been filed and no other compensation had been received for the alleged injury. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms.
Belt's right shoulder injury or any other condition. Subsequently, the parties submitted a joint stipulation for damages, agreeing that compensation should be awarded.
Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the Court. Ms.
Belt was awarded a lump sum of $55,000.00, payable by check, as compensation for all items of damages. Petitioner was represented by Jeffrey S.
Pop of Jeffrey S. Pop & Associates, and respondent was represented by Traci R.
Patton of the U.S. Department of Justice.
The decision was issued on October 17, 2018.
Theory of causation
Petitioner Rochelle Belt alleged a shoulder injury related to vaccine administration (SIRVA) or, in the alternative, a cause-in-fact injury from an influenza vaccine received on October 17, 2016. The respondent denied causation. The parties filed a joint stipulation for damages, agreeing to an award. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding $55,000.00. The public decision does not detail the specific medical mechanism, expert testimony, or the evidence considered beyond the stipulation. Petitioner counsel was Jeffrey S. Pop, and respondent counsel was Traci R. Patton. The decision date was October 17, 2018.
Source PDFs
USCOURTS-cofc-1_17-vv-00891