Barbara Perry v. HHS - Influenza, shoulder injury related to vaccination administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Barbara Perry filed a petition for compensation on September 7, 2017, alleging that the influenza vaccine she received on November 25, 2015, caused her to suffer from a shoulder injury related to vaccination administration (SIRVA). She further alleged that she suffered residual effects of this injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Perry's SIRVA or any other injury.
Despite the denial, the parties filed a joint stipulation for settlement. Special Master Christian J.
Moran reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Ms.
Perry was awarded a lump sum payment of $25,000.00 for pain and suffering, payable by check to the petitioner. This amount is compensation for all damages available under 42 U.S.C. § 300aa-15(a).
The decision was filed on February 9, 2021. Alison H.
Haskins represented the petitioner, and Sarah C. Duncan represented the respondent.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Barbara Perry alleged that the influenza vaccine administered on November 25, 2015, caused a shoulder injury related to vaccination administration (SIRVA), which is a condition listed in the Vaccine Injury Table. The public decision does not detail the specific mechanism of injury, expert testimony, or medical evidence presented. The respondent denied the alleged causation. The parties reached a joint stipulation for settlement, which was adopted by Special Master Christian J. Moran. The decision, filed on February 9, 2021, awarded a lump sum of $25,000.00 for pain and suffering. Petitioner counsel was Alison H. Haskins, and respondent counsel was Sarah C. Duncan.
Source PDFs
USCOURTS-cofc-1_17-vv-01207