Deborah Langer v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Deborah Langer filed a petition for compensation under the National Vaccine Injury Program on July 21, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving the influenza vaccine on September 1, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccines caused petitioner's alleged injuries or any other injury or her current condition.
Despite maintaining their respective positions, the parties reached a stipulation for an award. The stipulation provided for a lump sum payment of $131,268.67, payable to Ms.
Langer via check, representing compensation for all damages available under the program. Special Master Thomas L.
Gowen issued a decision on the stipulation, and judgment was entered in accordance with its terms. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses.
The case was settled via stipulation, and the court entered judgment accordingly.
Theory of causation
Petitioner Deborah Langer alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on September 1, 2015. The respondent denied causation. The parties reached a stipulation for award, agreeing to settle the issues. The stipulation provided for a lump sum payment of $131,268.67 to petitioner for all damages. Special Master Thomas L. Gowen issued a decision on the stipulation on November 10, 2021. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement to settle.
Source PDFs
USCOURTS-cofc-1_17-vv-00984