Gayle Foshee-Naughton v. HHS - Pneumococcal, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Gayle Foshee-Naughton filed a petition on September 28, 2017, alleging that a pneumococcal conjugate vaccine (PCV13) received on December 5, 2016, caused her to suffer from a Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent denied that the vaccine caused the alleged SIRVA.
However, the parties filed a stipulation for award, agreeing that Petitioner should receive compensation. The Special Master found the stipulation reasonable and adopted it as the decision of the Court.
Gayle Foshee-Naughton was awarded $22,500.00 in compensation for all damages available under the program. Judgment was entered in accordance with the terms of the stipulation.
Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and Respondent was represented by Sarah C.
Duncan of the United States Department of Justice. Special Master Herbrina Sanders issued the decision.
Theory of causation
Petitioner Gayle Foshee-Naughton alleged that the PCV13 vaccine administered on December 5, 2016, caused a Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent denied causation. The parties filed a stipulation for award, agreeing to compensation. The Special Master adopted the stipulation. The award was a lump sum of $22,500.00 for all damages. The theory of causation was based on the Vaccine Injury Table. Petitioner was represented by Paul R. Brazil, and Respondent by Sarah C. Duncan. Special Master Herbrina Sanders issued the decision on March 18, 2019.
Source PDFs
USCOURTS-cofc-1_17-vv-01366