Stephanie Scott v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Filed 2018-08-20Decided 2021-04-13Vaccine Influenza
compensated$80,000

Case summary [AI summaries can sometimes make mistakes]

Stephanie Scott filed a petition for compensation under the National Vaccine Injury Compensation Program on August 20, 2018, alleging that she received an influenza vaccine on September 21, 2017, and subsequently suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) in her right shoulder, with residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table.

The respondent denied that the vaccine caused her injury but agreed to a stipulation for an award. The parties stipulated that a decision should be entered awarding compensation to Ms.

Scott. The stipulation awarded a lump sum of $80,000.00, representing compensation for all damages available under the Act for injuries related to her receipt of the flu vaccine.

Special Master Thomas L. Gowen adopted the stipulation as the decision of the Court and awarded the compensation.

Petitioner was represented by Leah V. Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent was represented by Wei K. Tai of the U.S.

Dept. of Justice. The decision was filed on April 13, 2021.

Theory of causation

Petitioner Stephanie Scott filed a petition on August 20, 2018, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) in her right shoulder following an influenza vaccine received on September 21, 2017. The injury allegedly had residual effects lasting more than six months. The influenza vaccine is listed on the Vaccine Injury Table. Respondent denied causation but stipulated to an award. The parties agreed to a decision awarding $80,000.00 as compensation for all damages available under the Act for injuries related to the flu vaccine. Special Master Thomas L. Gowen issued the decision on April 13, 2021, adopting the stipulation. Petitioner was represented by Leah V. Durant and respondent by Wei K. Tai. The public decision does not describe the specific medical mechanism, onset, symptoms, diagnostic tests, or treatments for the alleged SIRVA, nor does it name any medical experts.

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