Sandra Posh-Denzler v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Filed 2019-12-13Decided 2020-01-13Vaccine Influenza
compensated$58,074

Case summary [AI summaries can sometimes make mistakes]

Sandra Posh-Denzler filed a petition for compensation under the National Vaccine Injury Compensation Program on March 22, 2018, alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 22, 2016. Petitioner alleged she had no prior shoulder issues, experienced onset of pain within 48 hours of vaccination, symptoms were limited to the vaccinated shoulder, no other condition explained the symptoms, and residual effects lasted over six months.

Respondent denied that petitioner sustained a SIRVA Table injury, that the vaccine caused the alleged injury or any other injury, and that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on December 12, 2019, agreeing to a settlement.

Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.

The award included a lump sum of $55,000.00 payable to Petitioner for all items of damages, and a lump sum of $3,074.55 payable jointly to Petitioner and the State of Connecticut Medicaid to reimburse a lien. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Amy Paula Kokot of the U.S.

Department of Justice. The decision was issued on January 13, 2020.

Theory of causation

Petitioner alleged a left Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on September 22, 2016, alleging onset within 48 hours, residual effects for over six months, and that the injury was Table-qualified or an off-Table injury. Respondent denied the alleged SIRVA Table injury, causation, and sequelae. The parties reached a joint stipulation for settlement. The Special Master adopted the stipulation, awarding $55,000.00 for all damages and $3,074.55 for a State of Connecticut Medicaid lien reimbursement. The stipulation stated that it was not an admission by the United States or the Secretary of Health and Human Services that the vaccine caused the alleged injury. The public decision does not detail specific medical experts, clinical findings, or the mechanism of injury beyond the general allegations of SIRVA.

Source PDFs 2 total · 1 downloaded