Joyce Popwell v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2017-09-21Decided 2023-02-03Vaccine Influenza
compensated$30,000

Case summary [AI summaries can sometimes make mistakes]

Joyce Popwell filed a petition under the National Vaccine Injury Compensation Program on September 21, 2017, alleging a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination received on September 24, 2015. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged injury or any other condition.

Despite maintaining their respective positions, both parties agreed to settle the case through a joint stipulation filed on January 9, 2023. Special Master Katherine E.

Oler reviewed the stipulation and found it to be reasonable, adopting it as the court's decision. As part of the stipulation, Joyce Popwell was awarded a lump sum of $30,000.00, payable by check, as compensation for all damages available under the program.

This award represents a settlement of liability and damages claimed under the National Childhood Vaccine Injury Act. The decision was entered on February 3, 2023.

Louis McFadden represented the petitioner, and Mark Hellie represented the respondent. The public decision does not describe the onset of symptoms, specific medical tests, or treatments.

The specific mechanism of injury is not detailed in the public decision, but the condition falls under the Vaccine Injury Table (SIRVA).

Theory of causation

Petitioner Joyce Popwell alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 24, 2015, within the Table timeframe. Respondent denied that the flu vaccine caused petitioner's alleged injury or current condition. The parties settled the case via joint stipulation, agreeing to an award of $30,000.00. Special Master Katherine E. Oler adopted the stipulation as her decision. The stipulation does not detail specific medical experts, clinical findings, or the precise mechanism of injury, but the alleged condition (SIRVA) is listed in the Vaccine Injury Table. The award represents a compromise of liability and damages. Louis McFadden was petitioner's counsel, and Mark Hellie was respondent's counsel. The decision date was February 3, 2023.

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