Cheryl Powers v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Cheryl Powers filed a petition for compensation under the National Vaccine Injury Compensation Program on September 24, 2018. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 20, 2017.
She also received a tetanus-diphtheria-acellular pertussis (Tdap) vaccine on the same day. Petitioner claimed that the SIRVA injury had residual effects lasting more than six months.
The respondent denied that the vaccines caused a SIRVA Table injury or any other injury. The parties subsequently filed a joint stipulation agreeing to settle the case.
Pursuant to the stipulation, Chief Special Master Brian H. Corcoran awarded Cheryl Powers $55,000.00 as compensation for all damages available under the Vaccine Act.
The decision was entered on August 14, 2020. Petitioner was represented by Michael G.
McLaren of Black McLaren Jones Ryland & Griffee, P.C. Respondent was represented by Althea Walker Davis of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical expert witnesses involved.
Theory of causation
Petitioner Cheryl Powers filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 20, 2017, and further alleged residual effects lasting more than six months. The respondent denied that the influenza or Tdap vaccines caused a SIRVA Table injury or any other injury. The parties entered into a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding petitioner $55,000.00 as compensation for all damages under the Vaccine Act. The decision was entered on August 14, 2020. The public text indicates the theory of causation was related to a "SIRVA Table Injury" but does not detail the specific mechanism or expert testimony. Petitioner was represented by Michael G. McLaren, and respondent by Althea Walker Davis.
Source PDFs
USCOURTS-cofc-1_18-vv-01468