Christa Jean Bingham v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Christa Jean Bingham filed a petition on December 19, 2019, seeking compensation under the National Vaccine Injury Compensation Program for a left shoulder injury related to vaccine administration (SIRVA). She alleged this injury resulted from an influenza vaccine received on November 5, 2016, and that she experienced residual effects for more than six months.
The respondent denied that Ms. Bingham sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injuries or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation on December 19, 2019, agreeing to a settlement. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting its terms as his decision. The decision awarded Christa Jean Bingham a lump sum of $50,000.00, payable by check, as compensation for all items of damages.
This award represents compensation for her SIRVA injury, which is listed on the Vaccine Injury Table. The decision noted that the stipulation was a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and that it was not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused the alleged SIRVA or any other injury.
Petitioner was represented by Jane Morrow of Otorowski Morrow & Golden, PLLC, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.
Theory of causation
Petitioner Christa Jean Bingham received an influenza vaccine on November 5, 2016, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) that falls under the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied the alleged SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $50,000.00 for all damages. The stipulation stated that it was not an admission of causation by the respondent. Petitioner was represented by Jane Morrow, and respondent by Claudia Barnes Gangi. The decision date was January 21, 2020.
Source PDFs
USCOURTS-cofc-1_18-vv-00376