Fay Bleier v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Fay Bleier filed a petition for compensation on June 4, 2018, alleging she sustained a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 3, 2016. The vaccine is contained in the Vaccine Injury Table.
Petitioner alleged the SIRVA occurred within the time period set forth in the Table, or alternatively, that the vaccine caused her shoulder injury with residual effects lasting more than six months. The respondent denied that petitioner sustained a SIRVA Table injury or that the flu vaccine caused her condition.
Despite these denials, the parties reached a stipulation for compensation. The stipulation awarded Fay Bleier a lump sum of $55,000.00, representing compensation for all damages available under the program.
Special Master Thomas L. Gowen adopted the stipulation and ordered judgment accordingly.
Both parties waived their right to seek review.
Theory of causation
Petitioner Fay Bleier received an influenza vaccine on November 3, 2016. She alleged a right 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 injury with residual effects lasting more than six months. Respondent denied a SIRVA Table injury and denied causation. The parties stipulated to an award of $55,000.00. The Special Master adopted the stipulation. Petitioner's counsel was Jessica A. Olins, and respondent's counsel was Christine M. Becer. The decision was issued by Special Master Thomas L. Gowen on March 30, 2021.
Source PDFs
USCOURTS-cofc-1_18-vv-00783