Tracy Oehling v. HHS - Influenza, shoulder injury related to vaccination administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Tracy Oehling filed a petition on December 13, 2017, alleging that the influenza vaccine she received on October 14, 2015, caused her to suffer from a shoulder injury related to vaccination administration (SIRVA). She further alleged that she experienced residual effects of this injury for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner to suffer from SIRVA or any other injury. Despite the respondent's denial, the parties reached a joint stipulation.
Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.
The stipulation awarded Tracy Oehling a lump sum payment of $17,000.00, payable by check to the petitioner, as compensation for all available damages. The decision was filed on December 17, 2020.
Petitioner was represented by Isaiah R. Kalinowski of Maglio Christopher & Toale, PA, and respondent was represented by Jeremy Fugate of the United States Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Tracy Oehling alleged that an influenza vaccine administered on October 14, 2015, caused a shoulder injury related to vaccination administration (SIRVA), with residual effects lasting over six months. The respondent denied causation. The case proceeded to a stipulation, which was adopted by Special Master Christian J. Moran on December 17, 2020. The theory of causation relied upon was the Vaccine Injury Table (SIRVA). The award was a lump sum of $17,000.00 for all damages. Petitioner counsel was Isaiah R. Kalinowski, and respondent counsel was Jeremy Fugate. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation.
Source PDFs
USCOURTS-cofc-1_17-vv-01940