Tina M. Dilbeck v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)
Case summary [AI summaries can sometimes make mistakes]
Tina M. Dilbeck filed a petition for compensation under the National Vaccine Injury Compensation Program on June 9, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her December 20, 2017 influenza vaccination.
Petitioner stated the vaccine was administered in the United States, that she experienced residual effects for over six months, and that she had no prior award or settlement for this injury. The respondent denied that petitioner suffered a SIRVA Table injury or that the flu vaccine caused her injury.
Despite these denials, the parties filed a joint stipulation on June 3, 2020, agreeing that compensation should be awarded. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages. Petitioner was awarded a lump sum of $71,280.50, payable to Petitioner, representing compensation for all items of damages available under § 15(a).
The decision does not describe the specific onset of symptoms, medical treatments, or expert witnesses involved in reaching this stipulation.
Theory of causation
Petitioner Tina M. Dilbeck alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following her December 20, 2017 influenza vaccination. The respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted as the decision. Petitioner was awarded $71,280.50. The public text indicates a "Table" theory of causation was considered, but does not detail the specific mechanism, expert testimony, or evidence presented by either party. The decision does not describe the specific onset, symptoms, or treatments for the alleged SIRVA.
Source PDFs
USCOURTS-cofc-1_18-vv-01913