Elizabeth Wurdell v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Filed 2019-01-02Decided 2020-09-21Vaccine Influenza
compensated$90,000

Case summary [AI summaries can sometimes make mistakes]

Elizabeth Wurdell filed a petition for compensation on January 2, 2019, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her influenza vaccination on October 17, 2016. The petition stated that the vaccine was administered in the United States, that the injury had residual effects for more than six months, and that there had been no prior award or settlement for this injury.

The respondent denied that the flu vaccine caused the petitioner's left shoulder injury or any other injury, and denied that the petitioner sustained a SIRVA Table Injury. Despite these positions, the parties filed a joint stipulation on August 19, 2020, agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Elizabeth Wurdell $90,000.00 in compensation for all damages.

This amount was to be paid as a lump sum in the form of a check payable to the petitioner. The decision was entered on September 21, 2020.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments received by the petitioner. Petitioner was represented by Kathleen Margaret Loucks of Lommen Abdo Law Firm, and respondent was represented by Kyle Edward Pozza of the U.S.

Department of Justice.

Theory of causation

Petitioner Elizabeth Wurdell alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an October 17, 2016, influenza vaccination, claiming residual effects for over six months. Respondent denied causation. The parties filed a joint stipulation on August 19, 2020, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation on September 21, 2020, awarding $90,000.00 as a lump sum for all damages. The stipulation stated that the injury was a SIRVA Table Injury. The public decision does not detail the specific mechanism of injury, expert testimony, or medical evidence presented. Petitioner was represented by Kathleen Margaret Loucks, and respondent by Kyle Edward Pozza.

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