Rebecca Curl v. HHS - Influenza, right shoulder injuries (2018)

Filed 2017-07-10Decided 2018-10-23Vaccine Influenza
compensated$50,865

Case summary [AI summaries can sometimes make mistakes]

Rebecca Curl filed a petition for compensation under the National Vaccine Injury Compensation Program on July 10, 2017, alleging that she suffered a right shoulder injury causally related to an influenza vaccination she received on October 4, 2016. Ms.

Curl stated that the vaccination occurred in the United States and that the residual effects of her injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her shoulder injury or any other injury or condition.

Despite this denial, the parties filed a joint stipulation on August 28, 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. Curl was awarded a lump sum of $50,865.20, payable to her, representing compensation for all damages available under the program.

This amount was to be paid as soon as practicable after the entry of judgment. The decision was issued on October 23, 2018.

The public decision does not describe the specific onset of symptoms, medical tests performed, or treatments received. Petitioner was represented by Ann Mayhew Golski of Maglio Christopher & Toale, PA, and respondent was represented by Lara Ann Englund of the U.S.

Department of Justice. The injury, Shoulder Injury Related to Vaccine Administration (SIRVA), is listed on the Vaccine Injury Table.

Theory of causation

Petitioner Rebecca Curl alleged that an influenza vaccine received on October 4, 2016, caused a right shoulder injury. The respondent denied causation. The parties reached a settlement via joint stipulation, agreeing to an award of $50,865.20. The injury, Shoulder Injury Related to Vaccine Administration (SIRVA), is listed on the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The stipulation states that the parties agreed to settle the issues and that the award represents a compromise of their respective positions. Chief Special Master Nora Beth Dorsey issued the decision on October 23, 2018. Petitioner's counsel was Ann Mayhew Golski, and respondent's counsel was Lara Ann Englund.

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