Frances Lee v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Filed 2017-09-15Decided 2018-10-23Vaccine Influenza
compensated$66,514

Case summary [AI summaries can sometimes make mistakes]

On September 15, 2017, Frances Lee filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 20, 2016. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused or significantly aggravated petitioner's alleged injury or any other injury, and denied that petitioner's current disabilities were the result of a vaccine-related injury.

The parties filed a joint stipulation on August 10, 2018, agreeing to settle the case. Chief Special Master Nora Beth Dorsey adopted the stipulation.

As compensation, Frances Lee was awarded a lump sum of $66,514.69, payable to her, representing all items of damages available under the Vaccine Act. The decision was finalized on October 23, 2018.

The public decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent was represented by Darryl R. Wishard of the U.S.

Department of Justice.

Theory of causation

Petitioner Frances Lee received an influenza vaccine on October 20, 2016, and alleged a shoulder injury related to vaccine administration (SIRVA). Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. The Special Master adopted the stipulation, awarding $66,514.69. The theory of causation is based on the Vaccine Injury Table (SIRVA). The public decision does not name specific medical experts or detail the mechanism of injury. The award was a lump sum for all damages. The decision was made by Chief Special Master Nora Beth Dorsey on October 23, 2018. Petitioner's counsel was Leah VaSahnja Durant, and respondent's counsel was Darryl R. Wishard.

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