Colleen Garton v. HHS - Influenza, left shoulder injuries related to the influenza vaccination (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Colleen Garton filed a petition for compensation under the National Vaccine Injury Compensation Program on December 18, 2020, alleging she suffered left shoulder injuries related to the influenza vaccination she received on October 27, 2017. Petitioner alleged the vaccination was administered in the United States, that she experienced residual effects of the injury for more than six months, and that there had been no prior award or settlement of a civil action on her behalf.
Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her injury. Despite the denial, the parties filed a joint stipulation on December 17, 2020, agreeing that compensation should be awarded.
Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the court's decision.
Colleen Garton was awarded a lump sum of $36,225.18, representing compensation for all items of damages available under the program. The decision was issued on February 8, 2021.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The names of petitioner counsel and respondent counsel were provided as Amy A.
Senerth and Lynn Christina Schlie, respectively.
Theory of causation
Petitioner Colleen Garton alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 27, 2017. Respondent denied a SIRVA Table injury or vaccine causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. Petitioner was awarded $36,225.18. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. The theory of causation is based on a Table injury, as indicated by the stipulation, despite respondent's denial. Decision Date: February 8, 2021. Petitioner Counsel: Amy A. Senerth. Respondent Counsel: Lynn Christina Schlie.
Source PDFs
USCOURTS-cofc-1_19-vv-00336