Teresa Stine v. HHS - Influenza, shoulder injury related to vaccination administration (SIRVA) (2020)

Filed 2017-09-29Decided 2020-01-28Vaccine Influenza
compensated$60,000

Case summary [AI summaries can sometimes make mistakes]

Teresa Stine filed a petition on September 29, 2017, alleging that the influenza vaccine she received on October 2, 2014, caused her to suffer from a shoulder injury related to vaccination administration (SIRVA), with residual effects lasting more than six months. The respondent denied that the petitioner suffered the onset of her alleged SIRVA injury within the Table timeframe, that the flu vaccine caused her SIRVA or any other injury, and that her current disabilities were a sequela of a vaccine-related injury.

Despite these denials, the parties reached a joint stipulation for compensation. Special Master Christian J.

Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. The stipulation awarded Ms.

Stine a lump sum payment of $60,000.00, payable by check, intended to compensate for all damages available under the National Vaccine Injury Compensation Program. The case was resolved via stipulation, and judgment was to be entered accordingly.

Petitioner counsel was Brian L. Cinelli of Marcus & Cinelli, LLP, and respondent counsel was Mallori B.

Openchowski of the United States Department of Justice. The decision was filed on January 28, 2020.

Theory of causation

Petitioner Teresa Stine alleged that an influenza vaccine administered on October 2, 2014, caused a shoulder injury related to vaccination administration (SIRVA) with residual effects lasting more than six months. This condition is listed in the Vaccine Injury Table. Respondent denied the alleged SIRVA injury onset within the Table timeframe, causation by the flu vaccine, and that current disabilities were a sequela of a vaccine-related injury. The parties reached a joint stipulation for compensation. The Special Master adopted the stipulation, awarding a lump sum of $60,000.00. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts regarding onset, symptoms, tests, or treatments. The case was resolved via stipulation on January 28, 2020, with Special Master Christian J. Moran presiding. Petitioner counsel was Brian L. Cinelli, and respondent counsel was Mallori B. Openchowski.

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