Diane Tobin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Diane Tobin filed a petition for vaccine compensation on February 26, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 28, 2016. Petitioner stated the vaccine was administered in the United States, she experienced residual effects for over six months, and had no prior award or settlement.
Respondent denied that the flu vaccine caused her injury. Despite these positions, the parties filed a joint stipulation on February 25, 2020, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Diane Tobin $62,900.00 as compensation for all damages.
This amount represents a compromise of liability and damages. The decision was entered on March 27, 2020.
Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Christine Mary Becer of the U.S.
Department of Justice.
Theory of causation
Petitioner Diane Tobin alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 28, 2016. The public decision does not describe the specific mechanism of injury or name any medical experts. Respondent denied that the flu vaccine caused petitioner's injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding petitioner a lump sum of $62,900.00 as compensation for all damages, representing a compromise of liability and damages. The decision was entered on March 27, 2020. Petitioner was represented by Paul R. Brazil, and respondent was represented by Christine Mary Becer.
Source PDFs
USCOURTS-cofc-1_18-vv-01516