Leslie Thompson v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Leslie Thompson filed a petition for compensation under the National Vaccine Injury Compensation Program on September 8, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on or about October 29, 2014. The respondent, the Secretary of Health and Human Services, denied that the petitioner suffered the onset of her alleged SIRVA within the Table timeframe, denied that the flu vaccine caused her alleged SIRVA or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation on August 15, 2019, agreeing to settle the case. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Leslie Thompson a lump sum of $88,000.00 for all damages.
This award represents compensation for all items of damages available under 42 U.S.C. § 300aa-15(a). The decision was issued on November 12, 2019.
Petitioner was represented by David Charles Richards of Christensen & Jensen, P.C., and respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice.
The public decision does not describe the specific onset, symptoms, medical tests, or treatments related to Ms. Thompson's alleged injury, nor does it name any medical experts or detail a specific mechanism of injury beyond the general category of SIRVA.
Theory of causation
Leslie Thompson filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on or about October 29, 2014. The respondent denied the alleged SIRVA onset within the Table timeframe and causation. The parties reached a joint stipulation to settle the case. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $88,000.00 for all damages. The case was processed as a Table claim. The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented, stating only that the award represents a compromise of the parties' positions on liability and damages. Petitioner counsel was David Charles Richards, and respondent counsel was Mallori Browne Openchowski. The decision date was November 12, 2019.
Source PDFs
USCOURTS-cofc-1_17-vv-01223