Deborah Schor v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
On August 28, 2018, Deborah Schor filed a petition for compensation under the National Vaccine Injury Compensation Program. Ms.
Schor alleged that she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccination on October 10, 2017. She claimed the injury met the definition of a Table SIRVA and that she experienced residual effects for more than six months.
The respondent, the Secretary of Health and Human Services, denied that Ms. Schor sustained a Table SIRVA within the Table timeframe and denied that the vaccine caused her alleged shoulder injury and residual effects.
Despite these denials, the parties filed a joint stipulation on November 7, 2019, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation as the court's decision. The decision awarded Deborah Schor a lump sum of $72,250.00 as compensation for all damages available under the Vaccine Act.
The award was to be paid in the form of a check payable to Ms. Schor.
The decision was issued on December 26, 2019. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Voris Edward Johnson of the U.S. Department of Justice.
Theory of causation
Petitioner Deborah Schor alleged a left Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 10, 2017, claiming it met the definition of a Table SIRVA and resulted in residual effects for over six months. Respondent denied that the injury was a Table SIRVA within the Table timeframe and denied that the vaccine caused the alleged injury. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $72,250.00 to Ms. Schor. The stipulation, dated November 7, 2019, and the decision, dated December 26, 2019, do not detail the specific medical mechanism, expert testimony, or clinical findings, but represent a negotiated settlement of liability and damages. Petitioner was represented by Leah VaSahnja Durant and respondent by Voris Edward Johnson.
Source PDFs
USCOURTS-cofc-1_18-vv-01320