Barbara Easter v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Barbara Easter filed a petition for compensation under the National Vaccine Injury Compensation Program on September 27, 2017. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 12, 2016, and that she experienced residual effects of this condition for more than six months.
The respondent denied that Ms. Easter sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation on August 20, 2019, agreeing to settle the issues between them and to enter a decision awarding compensation. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Ms. Easter was awarded a lump sum of $93,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act.
This award was based on the joint stipulation for damages. The case proceeded as a Table claim for SIRVA.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Jennifer Leigh Reynaud of the U.S.
Department of Justice.
Theory of causation
Petitioner Barbara Easter received an influenza vaccine on September 12, 2016. She alleged a shoulder injury related to vaccine administration (SIRVA) and that the residual effects lasted more than six months. The respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury. The parties filed a joint stipulation for settlement, agreeing to an award of $93,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The case proceeded as a Table claim for SIRVA. Chief Special Master Nora Beth Dorsey adopted the stipulation as the decision of the Court on November 12, 2019. Petitioner was represented by Leah VaSahnja Durant and respondent by Jennifer Leigh Reynaud.
Source PDFs
USCOURTS-cofc-1_17-vv-01354