Heather Massey v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Heather Massey filed a petition for vaccine compensation on October 5, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 18, 2016. The respondent, the Secretary of Health and Human Services, denied that Ms.
Massey sustained a SIRVA Table injury or any other injury caused by the vaccine, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these differing positions, the parties filed a joint stipulation on July 8, 2020, agreeing to settle the case and award compensation.
Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.
Ms. Massey was awarded a lump sum of $32,000.00, payable to her, representing compensation for all damages available under Section 15(a) of the Vaccine Act.
The decision was issued on August 12, 2020. Petitioner was represented by Theodore J.
Hong of Maglio Christopher & Toale, PA, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.
The public decision does not describe the specific onset, symptoms, medical tests, or treatments related to Ms. Massey's alleged injury.
Theory of causation
Petitioner Heather Massey alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an October 18, 2016, influenza vaccination. Respondent denied a SIRVA Table injury or any vaccine causation. The parties reached a joint stipulation to settle the case. The stipulation stated that petitioner received an influenza vaccine on October 18, 2016, in the United States, and alleged a SIRVA within the Table's time period or, alternatively, that the vaccine caused her shoulder injury, with residual effects lasting more than six months. Respondent maintained its denial of causation. Chief Special Master Brian H. Corcoran issued a decision on August 12, 2020, adopting the stipulation. The award was a lump sum of $32,000.00, representing all damages under 42 U.S.C. § 300aa-15(a). Petitioner was represented by Theodore J. Hong, and respondent by Jennifer Leigh Reynaud. The public text does not detail the specific mechanism of injury or name any medical experts.
Source PDFs
USCOURTS-cofc-1_18-vv-01543