Susan Wigley v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2019)

Filed 2018-08-22Decided 2019-11-12Vaccine Influenza
compensated$47,500

Case summary [AI summaries can sometimes make mistakes]

Susan Wigley filed a petition for compensation under the National Vaccine Injury Compensation Program on August 22, 2019, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 14, 2015. She also received a pneumococcal conjugate vaccine on the same day.

The petition stated that the injury lasted more than six months and that there had been no prior award or settlement for this condition. Respondent denied that petitioner suffered a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation agreeing to settle the case. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Susan Wigley $47,500.00 in compensation for all damages.

The decision was issued on November 12, 2019. Petitioner was represented by Amy A.

Senerth of Muller Brazil, LLP, and respondent was represented by Lara Ann Englund of the U.S. Department of Justice.

Theory of causation

Petitioner Susan Wigley alleged a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 14, 2015, and a pneumococcal conjugate vaccine on the same date. The injury allegedly lasted more than six months. Respondent denied that the injury was a SIRVA Table injury, denied causation, and denied that the current condition was a sequelae of a vaccine-related injury. The parties filed a joint stipulation to settle the case. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner $47,500.00 for all damages. The decision was issued on November 12, 2019. Petitioner was represented by Amy A. Senerth, and respondent was represented by Lara Ann Englund. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts.

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