Kristina Aycock v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Kristina Aycock filed a petition for compensation on February 12, 2019, alleging a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 3, 2017. She claimed the injury occurred within the timeframe specified in the Vaccine Injury Table or was caused by the vaccine, and that she experienced residual effects for over six months.
The respondent denied that the petitioner suffered a SIRVA Table injury or that the flu vaccine caused her condition. Despite these denials, the parties reached a stipulation to settle the case.
Special Master Thomas L. Gowen adopted the stipulation, awarding Kristina Aycock a lump sum of $53,203.93 for all damages.
Judgment was entered accordingly. 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 Leah V. Durant of the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by Christine M. Becer of the United States Department of Justice.
Theory of causation
Petitioner Kristina Aycock received an influenza vaccine on October 3, 2017, and alleged a right shoulder injury related to vaccine administration (SIRVA) within the Vaccine Injury Table timeframe or caused by the vaccine, with residual effects lasting over six months. Respondent denied the injury was a SIRVA Table injury or vaccine-caused. The parties reached a stipulation to settle the case. The stipulation awarded petitioner $53,203.93. Special Master Thomas L. Gowen adopted the stipulation. The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented beyond the stipulation. The theory of causation is based on the "Table" category for SIRVA.
Source PDFs
USCOURTS-cofc-1_19-vv-00235