Tristin Fagan v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Tristin Fagan filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine received on September 21, 2017. The petition stated that the vaccine was administered in the United States and that the residual effects of her injury lasted for more than six months.
Respondent denied that the SIRVA onset was within the Table timeframe and denied that the flu vaccine caused the injury or any other condition. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation.
The stipulation stated that Tristin Fagan would receive a lump sum of $53,500.00 for all damages available under the Vaccine Act. The decision adopted this stipulation, awarding the compensation and directing the clerk to enter judgment.
The case was treated as a Table claim for SIRVA.
Source PDFs
USCOURTS-cofc-1_18-vv-01244