Lisa Spencer v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
On September 29, 2017, Lisa Spencer filed a petition for compensation under the National Vaccine Injury Program. Petitioner received an influenza vaccine on August 27, 2015, and alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of the vaccination.
The respondent denied that petitioner sustained a Table injury or that her condition was a sequelae of a vaccine-related injury. Nevertheless, the parties entered into a stipulation for an award.
The stipulation provided for a lump sum of $18,000.00 to petitioner for all damages, and an additional $3,141.11 to satisfy a New York State Medicaid Lien. Special Master Thomas L.
Gowen adopted the stipulation and awarded compensation in the total amount of $21,141.11. The decision was issued on August 15, 2019.
Petitioner was represented by Jeffrey S. Pop of Jeffrey S.
Pop & Associates, and respondent was represented by Linda S. Renzi of the Department of Justice.
Theory of causation
Petitioner Lisa Spencer alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on August 27, 2015. Respondent denied a Table injury or sequelae from the vaccine. The parties stipulated to an award, with respondent denying causation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The award was $18,000.00 for all damages and $3,141.11 for a New York State Medicaid Lien, totaling $21,141.11. Special Master Thomas L. Gowen issued the decision on August 15, 2019. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Linda S. Renzi.
Source PDFs
USCOURTS-cofc-1_17-vv-01384