Beth Cormier v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Beth Cormier filed a petition for compensation under the National Vaccine Injury Compensation Program on November 13, 2017. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 8, 2016.
Petitioner further alleged that she experienced residual effects from the injury for more than six months and had not received a prior award or settlement for this injury. The respondent denied that the flu vaccination caused petitioner's SIRVA or any other injury.
Despite the respondent's denial, the parties filed a joint stipulation on March 4, 2019, agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision.
Petitioner was awarded a lump sum of $126,717.98, representing compensation for all eligible damages. The clerk was directed to enter judgment accordingly.
The decision was posted on the United States Court of Federal Claims' website.
Theory of causation
Petitioner Beth Cormier alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on September 8, 2016. The respondent denied causation. The parties filed a joint stipulation agreeing to an award. The public decision does not describe the specific theory of causation, medical experts, onset, symptoms, tests, or treatments. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding a lump sum of $126,717.98 for all eligible damages. Petitioner counsel was Ronald Craig Homer, and respondent counsel was Claudia Barnes Gangi. The decision date was April 24, 2019.
Source PDFs
USCOURTS-cofc-1_17-vv-01768