Donna Blackwell v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA), Parsonage Turner Syndrome, and/or brachial neuritis (2020)
Case summary [AI summaries can sometimes make mistakes]
Donna Blackwell filed a petition for compensation under the National Vaccine Injury Compensation Program on August 6, 2018. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), Parsonage Turner Syndrome, and/or brachial neuritis as a result of an influenza vaccination she received on October 4, 2017.
The respondent denied that Ms. Blackwell sustained a SIRVA Table injury and denied that the influenza vaccine caused her alleged conditions.
Despite these denials, the parties filed a joint stipulation on April 29, 2020, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation as the decision awarding damages. Ms.
Blackwell was awarded a lump sum of $125,000.00, payable to her, representing compensation for all items of damages. This award was based on the stipulation of settlement.
The decision does not describe the specific onset of symptoms, medical tests, or treatments. Petitioner was represented by Michael G.
McLaren of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Traci R. Patton of the U.S.
Department of Justice.
Theory of causation
Petitioner Donna Blackwell received an influenza vaccine on October 4, 2017, and subsequently filed a petition alleging Shoulder Injury Related to Vaccine Administration (SIRVA), Parsonage Turner Syndrome, and/or brachial neuritis. Respondent denied a SIRVA Table injury and denied that the vaccine caused the alleged conditions. The parties reached a joint stipulation to settle the case, and Chief Special Master Brian H. Corcoran adopted the stipulation. Petitioner was awarded $125,000.00 as a lump sum. The stipulation states that the parties maintain their positions regarding liability and causation but agree to settlement. The public decision does not detail the specific medical mechanism of injury, expert testimony, or clinical findings supporting either party's position, as the case was resolved via stipulation. The theory of causation is based on the Vaccine Injury Table for SIRVA, though respondent contested this. Petitioner was represented by Michael G. McLaren, and respondent by Traci R. Patton. The decision date was June 2, 2020.
Source PDFs
USCOURTS-cofc-1_18-vv-01145