Lisa Sinko v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Filed 2018-10-15Decided 2020-04-28Vaccine Influenza
compensated$40,000

Case summary [AI summaries can sometimes make mistakes]

Lisa Sinko filed a petition for compensation under the National Vaccine Injury Compensation Program on October 15, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccine on September 30, 2016. The respondent, the Secretary of Health and Human Services, denied that Ms.

Sinko sustained a Table SIRVA or that the flu vaccine caused her injury. Despite these positions, the parties reached a joint stipulation for settlement.

Chief Special Master Brian H. Corcoran adopted the stipulation as the court's decision.

Under the terms of the stipulation, Ms. Sinko was awarded a lump sum of $40,000.00, payable by check to the petitioner.

This amount is intended to compensate for all damages available under the Vaccine Act. The stipulation also addressed future proceedings for attorneys' fees and costs.

The settlement represents a compromise of the parties' respective positions on liability and damages and does not constitute an admission by the government that the flu vaccine caused the injury. The decision was filed on April 28, 2020.

Petitioner was represented by Scott Rooney of Nemes, Rooney P.C., and respondent was represented by Catherine Elizabeth Stolar of the U.S. Department of Justice.

Theory of causation

Petitioner Lisa Sinko alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on September 30, 2016. Respondent denied that Petitioner sustained a Table SIRVA or that the flu vaccine caused her injury. The parties reached a joint stipulation for settlement, agreeing to an award of $40,000.00. This award represents compensation for all damages available under the Vaccine Act. The stipulation was adopted by Chief Special Master Brian H. Corcoran on April 28, 2020. The settlement does not constitute an admission by the government that the flu vaccine caused the injury. The specific medical mechanism, onset, symptoms, diagnostic tests, treatments, and expert testimony are not described in the public decision text. The theory of causation is based on a Table SIRVA, as indicated by the stipulation.

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