Deanna Gould v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Deanna Gould filed a petition for compensation under the National Vaccine Injury Compensation Program on March 4, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 17, 2017. Petitioner alleged the vaccine was administered in the United States and that she experienced residual effects for more than six months, with no prior award or settlement for this condition.
Respondent denied that petitioner sustained 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 differing positions, the parties filed a joint stipulation on March 3, 2020, agreeing to settle the issues.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court.
The court awarded Deanna Gould $130,000.00 as compensation for all damages, to be paid as a lump sum in the form of a check. This amount represents a compromise of the parties' respective positions on liability and damages.
Petitioner was represented by Kristina E. Grigorian and Jeffrey S.
Pop of Jeffrey S. Pop & Associates.
Respondent was represented by Lara Ann Englund of the U.S. Department of Justice.
The decision was issued on April 3, 2020.
Theory of causation
Petitioner Deanna Gould alleged a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 17, 2017, alleging it was a Table injury or caused by the vaccine, and that residual effects lasted more than six months. Respondent denied a SIRVA Table injury, denied the vaccine caused the injury, and denied it was a sequelae of a vaccine-related injury. The parties filed a joint stipulation agreeing to settle, with the court adopting the stipulation. The public text does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The parties agreed to a settlement, resulting in an award of $130,000.00 as compensation for all damages. Chief Special Master Brian H. Corcoran issued the decision on April 3, 2020, based on the stipulation filed March 3, 2020. Petitioner was represented by Kristina E. Grigorian and Jeffrey S. Pop; Respondent was represented by Lara Ann Englund.
Source PDFs
USCOURTS-cofc-1_18-vv-01098