Walter White v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Walter White filed a petition for compensation under the National Vaccine Injury Compensation Program on September 20, 2019. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza (flu) vaccination administered on December 13, 2016.
Mr. White stated that the vaccine was administered in the United States, that he experienced residual effects of the condition for more than six months, and that there had been no prior award or settlement for damages related to his condition.
The respondent, the Secretary of Health and Human Services, denied that Mr. White sustained a SIRVA Table injury and denied that the flu immunization caused his alleged injury or any other injury or condition.
Despite the respondent's denial, the parties filed a joint stipulation for compensation on September 20, 2019. Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
Pursuant to the stipulation, Mr. White was awarded a lump sum of $55,000.00, payable by check to the petitioner, as compensation for all items of damages.
Petitioner was represented by Danielle Strait of Maglio Christopher & Toale, PA, and respondent was represented by Camille Michelle Collett of the U.S. Department of Justice.
The decision was issued on October 22, 2019.
Theory of causation
Petitioner Walter White alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza (flu) vaccination on December 13, 2016. The respondent denied a SIRVA Table injury and that the flu vaccine caused the alleged injury. The parties filed a joint stipulation for compensation, which was approved by Chief Special Master Nora Beth Dorsey. The stipulation resulted in an award of $55,000.00. The specific medical mechanism, onset, symptoms, diagnostic tests, treatments, or expert testimony were not described in the public decision. The theory of causation is based on the joint stipulation for compensation, rather than a finding of fact after litigation. Petitioner was represented by Danielle Strait, and respondent by Camille Michelle Collett. The decision date was October 22, 2019.
Source PDFs
USCOURTS-cofc-1_18-vv-00059