Amy Garza v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Amy Garza filed a petition for compensation under the National Vaccine Injury Compensation Program on February 14, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on December 22, 2016. Petitioner stated the vaccine was administered in the United States and that she experienced residual effects for more than six months, with no prior award or settlement.
Respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injuries or any other injury. Despite these denials, the parties filed a joint stipulation on February 13, 2020, agreeing to a settlement.
Chief Special Master Brian H. Corcoran adopted the stipulation as the court's decision.
The award included a lump sum of $42,488.87, payable to Petitioner, as compensation for all damages available under the program. This amount represents a compromise of the parties' respective positions on liability and damages.
Petitioner was represented by Isaiah Richard Kalinowski of Maglio Christopher & Toale, PA, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.
The decision was issued on March 24, 2020.
Theory of causation
Petitioner Amy Garza received an influenza vaccine on December 22, 2016, in the United States. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) within the time period set forth in the Vaccine Injury Table, or alternatively, that the vaccine caused her shoulder injuries and residual effects lasting more than six months. Respondent denied a SIRVA Table injury and causation. The parties reached a joint stipulation for settlement, agreeing to an award of $42,488.87. This amount represents compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation explicitly states it is not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused petitioner's alleged SIRVA or other injuries. The decision was made by Chief Special Master Brian H. Corcoran on March 24, 2020, based on the stipulation filed February 13, 2020. Petitioner was represented by Isaiah Richard Kalinowski, and respondent by Claudia Barnes Gangi.
Source PDFs
USCOURTS-cofc-1_18-vv-00489