Mary Herron v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Mary Herron filed a petition for compensation under the National Vaccine Injury Compensation Program on February 12, 2019. Ms.
Herron alleged that she suffered from a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 6, 2017. The respondent, the Secretary of Health and Human Services, denied that the immunization caused Ms.
Herron's injury. The parties, however, reached a settlement agreement.
A joint stipulation was filed on July 14, 2021, outlining the terms of the settlement. As part of this agreement, the respondent agreed to issue a payment of $132,000.00 to Ms.
Herron as compensation for all damages. Special Master Mindy Michaels Roth adopted the stipulation and directed the clerk of the court to enter judgment in accordance with this decision, awarding the agreed-upon compensation.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses. Leah V.
Durant, Esq., represented the petitioner, and Lara A. Englund, Esq., represented the respondent.
Theory of causation
Petitioner Mary Herron alleged SIRVA following an influenza vaccine administered on October 6, 2017. Respondent denied causation. The parties reached a settlement, and a joint stipulation was filed on July 14, 2021. The settlement included a lump sum payment of $132,000.00 to Ms. Herron for all damages. Special Master Mindy Michaels Roth adopted the stipulation and directed judgment. The public decision does not detail the specific theory of causation, medical experts, or the mechanism of injury. Petitioner was represented by Leah V. Durant, Esq., and respondent by Lara A. Englund, Esq.
Source PDFs
USCOURTS-cofc-1_19-vv-00240