Jennifer Richey v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Jennifer Richey filed a petition for compensation under the National Vaccine Injury Compensation Program on September 18, 2017, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her November 30, 2015 influenza vaccination. The respondent denied that Ms.
Richey sustained a "Table injury" or that her alleged SIRVA and its residual effects were caused-in-fact by the flu vaccine. The parties, maintaining their respective positions, subsequently filed a joint stipulation agreeing to a settlement.
Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court. Pursuant to the stipulation, Ms.
Richey was awarded a lump sum of $91,500.00 in compensation for all items of damages, payable to her. The decision was issued on October 17, 2019.
Petitioner was represented by Amber Diane Wilson of Maglio Christopher & Toale, PA, and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details, diagnostic tests, or treatments. The specific mechanism of injury is not detailed in the public decision.
Theory of causation
Petitioner Jennifer Richey alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following her November 30, 2015 influenza vaccination. Respondent denied that the injury was a "Table injury" or that it was caused-in-fact by the vaccine. The parties reached a joint stipulation for settlement. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner a lump sum of $91,500.00 for all damages. The decision was issued on October 17, 2019. Petitioner was represented by Amber Diane Wilson, and respondent by Adriana Ruth Teitel. The public decision does not specify the mechanism of injury or detail expert testimony. The stipulation states that the award may reflect a compromise of the parties' respective positions on liability and/or damages.
Source PDFs
USCOURTS-cofc-1_17-vv-01276