Gayzelle Thomas v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2018-09-27Decided 2021-05-24Vaccine Influenza
compensated$25,000

Case summary [AI summaries can sometimes make mistakes]

On September 27, 2018, Gayzelle Thomas filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 3, 2017. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused the petitioner's injury or that she sustained a SIRVA Table injury.

The public decision does not describe the specific onset of symptoms, clinical presentation, diagnostic tests, or treatments. On April 21, 2021, the parties filed a joint stipulation to settle the case.

The stipulation stated that the influenza vaccine is listed on the Vaccine Injury Table and that the petitioner experienced residual effects of her alleged injury for more than six months. Chief Special Master Brian H.

Corcoran adopted the stipulation as the decision of the court. As per the stipulation, Gayzelle Thomas was awarded a lump sum of $25,000.00, payable by check, as compensation for all items of damages.

Petitioner was represented by Glen Howard Sturtevant Jr. of Rawls Law Group, and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice.

The decision was issued on May 24, 2021.

Theory of causation

Petitioner Gayzelle Thomas alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 3, 2017. The respondent denied causation and that the injury was a SIRVA Table injury. The parties filed a joint stipulation agreeing to settlement. The stipulation acknowledged that the influenza vaccine is on the Vaccine Injury Table and that petitioner sustained residual effects for more than six months. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $25,000.00. Petitioner was represented by Glen Howard Sturtevant Jr., and Respondent by Kimberly Shubert Davey. The decision date was May 24, 2021.

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