Scheila Leslie v. HHS - Influenza, left Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Filed 2020-08-24Decided 2020-09-24Vaccine Influenza
compensated$40,000

Case summary [AI summaries can sometimes make mistakes]

Scheila Leslie filed a petition for compensation under the National Vaccine Injury Compensation Program on August 24, 2020, alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccination on October 16, 2017. She further alleged that she experienced residual effects for more than six months.

The respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injuries or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on August 19, 2020, agreeing that compensation should be awarded.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable.

He adopted the stipulation as his decision and awarded Scheila Leslie a lump sum of $40,000.00 as compensation for all items of damages. The decision was issued on September 24, 2020.

Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Colleen Clemons Hartley of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.

Theory of causation

Petitioner Scheila Leslie alleged a left Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 16, 2017, with residual effects lasting more than six months. Respondent denied a Table injury, causation, and sequela. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran found reasonable and adopted. The decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation. Compensation was awarded as a lump sum of $40,000.00 for all damages. Decision date: September 24, 2020. Petitioner's counsel: Amy A. Senerth. Respondent's counsel: Colleen Clemons Hartley.

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