Mary Priscilla Egan v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Mary Priscilla Egan filed a petition for compensation under the National Vaccine Injury Compensation Program on September 21, 2018. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza (flu) vaccine she received on September 18, 2017.
Ms. Egan asserted that the vaccine was administered in the United States, that she sustained the SIRVA within the timeframe set forth on the Vaccine Injury Table, that the effects of her injury lasted for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf.
The respondent, the Secretary of Health and Human Services, denied that Ms. Egan sustained a SIRVA injury, denied that the flu vaccination caused her alleged shoulder injury, and denied that her current condition was a sequelae of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation on April 15, 2021, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Ms.
Egan was awarded a lump sum of $90,000.00, payable by check to Petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
The public decision does not name any medical experts for either party. The stipulation states that attorneys' fees and costs would be sought in further proceedings.
Theory of causation
Petitioner Mary Priscilla Egan alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza (flu) vaccine received on September 18, 2017. The petition alleged the injury met the criteria for a Table injury with effects lasting more than six months. Respondent denied the SIRVA injury and causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation. The decision awarded a lump sum of $90,000.00 to Petitioner. The stipulation does not detail the specific mechanism of injury or name any medical experts. Petitioner was represented by Leah V. Durant of the Law Offices of Leah V. Durant, PLLC. Respondent was represented by Debra A. Filteau Begley of the U.S. Department of Justice. The decision date was May 19, 2021.
Source PDFs
USCOURTS-cofc-1_18-vv-01444