Tiffany Wilson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Filed 2018-06-20Decided 2019-08-01Vaccine Influenza
compensated$82,160

Case summary [AI summaries can sometimes make mistakes]

Tiffany Wilson filed a petition for compensation under the National Vaccine Injury Compensation Program on June 20, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 24, 2017. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report on May 9, 2019, conceding that petitioner's alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that she satisfied all legal prerequisites for compensation.

On May 10, 2019, Chief Special Master Nora Beth Dorsey issued a ruling on entitlement, finding petitioner entitled to compensation. Subsequently, on August 1, 2019, the respondent filed a proffer on award of compensation, indicating that the parties had agreed to an award.

The decision awarding damages, also issued by Chief Special Master Nora Beth Dorsey on August 1, 2019, detailed the agreed-upon compensation. The award consisted of a lump sum payment of $80,000.00 for pain and suffering, and a lump sum payment of $2,160.96 to satisfy a Medicaid lien held by Mercy Maricopa Integrated Care (MMIC).

The total award amounted to $82,160.96. Petitioner was represented by Andrew Donald Downing of Van Cott & Talamante, PLLC, and respondent was represented by Sarah Christina Duncan of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury beyond its classification as SIRVA.

Theory of causation

Petitioner Tiffany Wilson alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on October 24, 2017. The respondent conceded that the alleged injury was consistent with SIRVA as defined on the Vaccine Injury Table and that petitioner met all legal prerequisites for compensation. The case was resolved via stipulation. Chief Special Master Nora Beth Dorsey issued a ruling on entitlement on May 10, 2019, and a decision awarding damages on August 1, 2019. The award totaled $82,160.96, comprising $80,000.00 for pain and suffering and $2,160.96 to satisfy a Medicaid lien. Petitioner was represented by Andrew Donald Downing, and respondent was represented by Sarah Christina Duncan. The public text indicates the theory of causation is based on the Vaccine Injury Table (SIRVA).

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