Elizabeth Evans v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Elizabeth Evans filed a petition on July 1, 2017, seeking compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 9, 2015.
The respondent denied that Petitioner sustained a Table SIRVA injury or that the influenza vaccine caused her injury. Despite these positions, both parties agreed to settle the case through a stipulation filed on June 24, 2020.
Special Master Katherine E. Oler reviewed the file and found the stipulation to be reasonable, adopting it as the court's decision.
The stipulation awarded Elizabeth Evans a lump sum of $38,500.00 as compensation for all available damages. The court approved this award and directed the Clerk to enter judgment.
Theory of causation
Petitioner Elizabeth Evans alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 9, 2015. Respondent denied a Table SIRVA injury and causation. The parties stipulated to settle the case. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed medical evidence. The award was a lump sum of $38,500.00 for all damages. Special Master Katherine E. Oler issued the decision on August 13, 2020, based on the joint stipulation. Petitioner's counsel was Shealene Mancuso of Muller Brazil, LLP, and Respondent's counsel was Robert Coleman III of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_17-vv-00929