Keith McCarville v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Keith McCarville filed a petition for compensation under the National Vaccine Injury Compensation Program on March 22, 2018, alleging he suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 24, 2016. The respondent, the Secretary of Health and Human Services, denied that the injury was caused by the vaccine.
Despite maintaining their respective positions, the parties reached a stipulation to settle the case. The stipulation provided for an award of compensation to Mr.
McCarville. Special Master Thomas L.
Gowen adopted the stipulation. The decision was filed on March 24, 2020.
The stipulation awarded a lump sum of $50,000.00, payable to the petitioner, representing all compensation for damages allegedly related to the flu vaccine. Judgment was entered in accordance with the stipulation.
Bridget C. McCullough represented the petitioner, and Ryan D.
Pyles represented the respondent. The public decision does not describe the onset, specific symptoms, medical tests, treatments, or the mechanism of injury.
The public decision does not name any medical experts.
Theory of causation
Petitioner Keith McCarville alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on September 24, 2016. The respondent denied causation. The parties reached a stipulation for settlement, agreeing to an award of $50,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. The award was made pursuant to a stipulation for settlement, adopted by Special Master Thomas L. Gowen on March 24, 2020. Petitioner was represented by Bridget C. McCullough, and respondent was represented by Ryan D. Pyles.
Source PDFs
USCOURTS-cofc-1_18-vv-00424