B.J.S. v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2021-01-27Decided 2021-06-10Vaccine Influenza
compensated$95,877

Case summary [AI summaries can sometimes make mistakes]

On January 27, 2021, B.J.S. filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination received on October 15, 2017. The petitioner claimed to have experienced residual effects of this injury for more than six months.

The respondent denied that the petitioner sustained a SIRVA Table injury or that the vaccine caused any injury or the petitioner's current condition. Despite the respondent's denial, on January 26, 2021, the parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision awarding damages.

B.J.S. was awarded a lump sum of $95,877.03, payable by check to the petitioner, representing compensation for all eligible damages. The decision directed the clerk of the court to enter judgment accordingly, unless a motion for review was filed.

Theory of causation

Petitioner B.J.S. alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 15, 2017, with residual effects lasting more than six months. Respondent denied that the vaccine caused a SIRVA Table injury or any other injury. The parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $95,877.03. The public decision does not detail the specific medical theory of causation, expert testimony, or the mechanism of injury. Attorneys for the petitioner were Nancy Routh Meyers and for the respondent were Lynn Christina Schlie. The decision was issued on June 10, 2021.

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