Debra Diane Nicholson v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Debra Diane Nicholson filed a petition for compensation under the National Vaccine Injury Compensation Program on July 2, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 11, 2015. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the injury but agreed to a settlement.
The parties submitted a stipulation for an award, which Special Master Thomas L. Gowen adopted.
The stipulation awarded Ms. Nicholson a lump sum of $45,539.50 to compensate for all damages.
Both parties waived their right to seek review, and judgment was entered on October 15, 2019. The public decision does not describe the onset of symptoms, specific clinical details, or any medical experts.
Theory of causation
Petitioner Debra Diane Nicholson alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on September 11, 2015. Respondent denied causation. The parties reached a stipulation for award, agreeing to settle the issues. The stipulation awarded a lump sum of $45,539.50 for all damages. Special Master Thomas L. Gowen adopted the stipulation. The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented regarding causation.
Source PDFs
USCOURTS-cofc-1_18-vv-00953