Deborah Spivey v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Filed 2018-07-02Decided 2019-11-14Vaccine Influenza
compensated$40,000

Case summary [AI summaries can sometimes make mistakes]

Deborah Spivey filed a petition for compensation under the National Vaccine Injury Compensation Program on July 2, 2018, alleging she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her influenza vaccination on October 6, 2017. The petition stated the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for her injury.

The respondent denied that petitioner sustained a SIRVA Table injury or that her condition was caused by the vaccine. Nevertheless, the parties filed a joint stipulation on August 22, 2019, agreeing to settle the case.

Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding Deborah Spivey a lump sum of $40,000.00 for all items of damages. The decision was issued on November 14, 2019.

Petitioner was represented by Michael G. McLaren of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Sarah Christina Duncan of the U.S.

Department of Justice.

Theory of causation

Petitioner Deborah Spivey alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an October 6, 2017, influenza vaccination. Respondent denied a SIRVA Table injury or causation by the vaccine. The parties filed a joint stipulation on August 22, 2019, agreeing to settle the case. Chief Special Master Nora Beth Dorsey adopted the stipulation, awarding petitioner a lump sum of $40,000.00 for all damages. The decision was issued on November 14, 2019. The specific medical mechanism, onset, symptoms, tests, treatments, or expert testimony were not described in the public decision. The theory of causation was based on a stipulation, not a finding of fact or law, and the stipulation explicitly stated it was not an admission by the respondent that the vaccine caused the injury.

Source PDFs 2 total · 1 downloaded