Sandra Sary v. HHS - Influenza, shoulder injuries related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
On November 28, 2018, Sandra Sary filed a petition for compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered shoulder injuries related to vaccine administration (SIRVA) as a result of an influenza vaccination received on December 7, 2015.
Petitioner stated that the vaccine was administered in the United States, that the condition had residual effects for more than six months, and that there had been no prior award or settlement for this condition. The respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury or any other injury.
Despite these positions, the parties filed a joint stipulation on September 28, 2021, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation, awarding Sandra Sary a lump sum of $103,000.00 as compensation for all damages. This decision was issued on October 29, 2021.
Petitioner was represented by Michael Avrim Firestone of Marvin Firestone, MD, JD and Associates. Respondent was represented by Jennifer Leigh Reynaud of the U.S.
Department of Justice.
Theory of causation
Petitioner Sandra Sary received an influenza vaccine on December 7, 2015, in the United States. She alleged a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied a SIRVA Table injury and that the vaccine caused her condition. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $103,000.00 for all damages. The decision was issued on October 29, 2021. Petitioner was represented by Michael Avrim Firestone, and respondent was represented by Jennifer Leigh Reynaud. The public decision does not describe the specific mechanism of injury or name any medical experts.
Source PDFs
USCOURTS-cofc-1_18-vv-01825