Carol Gordon v. HHS - Influenza, shoulder injury related to vaccine administration (2020)
Case summary [AI summaries can sometimes make mistakes]
Carol Gordon filed a petition for compensation under the National Vaccine Injury Compensation Program on March 12, 2019. She alleged that an influenza vaccine administered on October 20, 2016, caused her to suffer a shoulder injury related to vaccine administration (SIRVA).
Ms. Gordon stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had no prior award or settlement for her condition.
The respondent, the Secretary of Health and Human Services, denied that the influenza vaccine caused Ms. Gordon's left shoulder injury or any other injury, and denied that she sustained a SIRVA Table injury.
The parties subsequently filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran adopted as his decision.
The award included a lump sum of $103.76 payable to the Georgia Department of Community Health and a lump sum of $55,000.00 payable to Petitioner for all items of damages. The total compensation awarded was $55,103.76.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Kimberly Shubert Davey of the U.S.
Department of Justice.
Theory of causation
Petitioner Carol Gordon alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 20, 2016. Respondent denied causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran on August 25, 2020. The stipulation did not detail the specific theory of causation or name any experts. The award was $55,103.76, consisting of $103.76 payable to the Georgia Department of Community Health and $55,000.00 payable to Petitioner for all damages. Petitioner was represented by Maximillian J. Muller, and respondent by Kimberly Shubert Davey.
Source PDFs
USCOURTS-cofc-1_19-vv-00378