Cami Perry v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Cami Perry filed a petition for compensation under the National Vaccine Injury Compensation Program on May 29, 2018, alleging she suffered a left-sided shoulder injury related to vaccine administration (SIRVA) causally related to an influenza vaccination she received on October 2, 2016. The petition stated that the vaccine was administered in the United States, that she suffered residual effects of her injury for more than six months, and that neither she nor any other person had filed a civil action or received compensation for her alleged vaccine-caused injuries.
The respondent denied that the flu immunization was the cause-in-fact of petitioner's alleged SIRVA or any other injury. The parties filed a joint stipulation on July 30, 2019, agreeing to settle the case.
Chief Special Master Nora Beth Dorsey reviewed the stipulation, found it reasonable, and adopted it as the decision of the Court. Cami Perry was awarded a lump sum of $85,000.00 as compensation for all items of damages.
The decision noted that the case was settled as a Table claim, with the injury listed on the Vaccine Injury Table. Petitioner was represented by Diana Lynn Stadelnikas of Maglio Christopher & Toale, PA, and respondent was represented by Ryan Daniel Pyles of the U.S.
Department of Justice. The decision was posted on the Court of Federal Claims website, with petitioner having 14 days to identify information for redaction.
Theory of causation
Petitioner Cami Perry alleged a left-sided shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 2, 2016. Respondent denied causation. The parties filed a joint stipulation agreeing to settle the case. The Special Master adopted the stipulation, awarding $85,000.00 as a lump sum for all damages. The case was settled as a Table claim, meaning the injury is presumed to be vaccine-related under the Vaccine Injury Table. No specific medical experts, clinical details of the injury onset, symptoms, diagnostic tests, or treatment were described in the public decision text. The stipulation stated that the injury was administered in the United States and resulted in residual effects for more than six months. The decision was issued by Chief Special Master Nora Beth Dorsey on October 22, 2019. Petitioner's counsel was Diana Lynn Stadelnikas, and respondent's counsel was Ryan Daniel Pyles.
Source PDFs
USCOURTS-cofc-1_18-vv-00748