D. B. v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
D. B., an adult, filed a petition for compensation with the National Vaccine Injury Compensation Program on March 26, 2018.
She alleged that an influenza vaccine administered on August 18, 2016, caused her to develop a shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the petitioner's SIRVA or any other injury.
The parties subsequently filed a stipulation recommending an award of compensation. Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court.
The stipulation provided for a lump sum payment of $40,000.00, payable to D. B.
This amount is intended to compensate for all damages available under 42 U.S.C. § 300aa-15(a). The parties agreed to expedite the entry of judgment.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the specific mechanism of injury. Petitioner was represented by Ron C.
Homer of Conway, Homer, P.C., and respondent was represented by Ryan D. Pyles of the U.S.
Department of Justice.
Theory of causation
Petitioner D. B. alleged that an influenza vaccine administered on August 18, 2016, caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied causation. The parties reached a stipulation for compensation, which was adopted by Special Master Nora Beth Dorsey. Petitioner received a lump sum award of $40,000.00. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury, other than the general allegation of SIRVA following vaccination. The decision is based on a stipulation, not on a finding of causation after litigation.
Source PDFs
USCOURTS-cofc-1_18-vv-00445