Sueann Staskewicz v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) and brachial neuritis (2020)

Filed 2019-01-28Decided 2020-10-05Vaccine Influenza
compensated$22,500

Case summary [AI summaries can sometimes make mistakes]

Sueann Staskewicz filed a petition for compensation under the National Vaccine Injury Compensation Program on January 28, 2019. She alleged that an influenza vaccination administered on September 26, 2017, caused her to suffer a shoulder injury related to vaccine administration (SIRVA) and brachial neuritis.

The respondent, the Secretary of Health and Human Services, denied that Ms. Staskewicz sustained a SIRVA Table injury or brachial neuritis, and denied that the vaccine caused her alleged injuries or that her current condition was a sequela of a vaccine-related injury.

The parties subsequently filed a joint stipulation on September 2, 2020, agreeing to an award of compensation. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Ms.

Staskewicz was awarded a lump sum of $22,500.00, payable to her, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses.

Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice.

Theory of causation

Petitioner Sueann Staskewicz alleged that an influenza vaccine administered on September 26, 2017, caused Shoulder Injury Related to Vaccine Administration (SIRVA) and brachial neuritis. Respondent denied these claims. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded $22,500.00. The public decision does not specify the theory of causation beyond the "Table" category for SIRVA, nor does it name any medical experts or detail the mechanism of injury. Petitioner was represented by Bridget Candace McCullough, and respondent by Colleen Clemons Hartley.

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