Charyl Wojtaszek v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Charyl Wojtaszek filed a petition for compensation on December 12, 2017, alleging that an influenza vaccine received on November 5, 2016, caused her to develop a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's alleged SIRVA or any other injury.
Nevertheless, on November 26, 2019, the parties filed a joint stipulation for award. Special Master Herbrina Sanders reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
The parties stipulated that Petitioner would receive a lump sum of $52,500.00 as compensation for all damages available under the program. Judgment was entered on January 10, 2020, awarding Petitioner $52,500.00.
The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses. Leah V.
Durant represented the Petitioner, and Christine M. Becer represented the Respondent.
Theory of causation
Petitioner Charyl Wojtaszek alleged that an influenza vaccine administered on November 5, 2016, caused a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied causation. The parties stipulated to an award, and the Special Master adopted the stipulation. The public text indicates a "Table" theory of causation was considered, but does not detail the specific mechanism or expert testimony. Petitioner was awarded $52,500.00 as a lump sum. Special Master Herbrina Sanders issued the decision on January 10, 2020, based on a stipulation filed November 26, 2019. Petitioner was represented by Leah V. Durant, and Respondent by Christine M. Becer.
Source PDFs
USCOURTS-cofc-1_17-vv-01928