Connie Fong v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Connie Fong filed a petition for compensation under the National Vaccine Injury Compensation Program on October 2, 2017, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine received on October 2, 2014. The petition stated that the vaccine was administered in the United States, that the residual effects of her injury lasted for more than six months, and that there had been no prior award or settlement of a civil action for damages related to her condition.
Respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged SIRVA and its residual effects, or any other injury. Despite these denials, the parties filed a joint stipulation on July 2, 2019, agreeing to settle the case.
Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Connie Fong a lump sum of $45,000.00 as compensation for all damages. The decision noted that the flu vaccine is contained in the Vaccine Injury Table and that petitioner alleged the injury occurred within the Table's time period.
The stipulation also addressed attorneys' fees and costs, and released the United States from further claims related to this vaccination. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Connie Fong received an influenza vaccine on October 2, 2014, and alleged a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, or alternatively, that the flu vaccine caused her alleged shoulder injury and its residual effects, which lasted more than six months. Respondent denied a SIRVA Table injury and causation. The parties reached a joint stipulation to settle the case. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $45,000.00 for all damages. The theory of causation relied upon was a Table injury, as the flu vaccine is listed in the Vaccine Injury Table and the alleged injury occurred within the specified timeframe. Petitioner was represented by Michael Arvin Firestone and Marvin Firestone, MD, JD, of Marvin Firestone, MD, JD, & Associates. Respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice. The decision was issued on October 17, 2019.
Source PDFs
USCOURTS-cofc-1_17-vv-01400