Sharon Fisher v. HHS - Influenza, left shoulder injury related to vaccination (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Sharon Fisher filed a petition on April 23, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on November 7, 2017, she received an influenza vaccine and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA).
Ms. Fisher stated she had no prior history of left shoulder issues and experienced residual effects for over six months.
The respondent denied that Ms. Fisher sustained a SIRVA Table injury, that the flu vaccine caused her alleged injury, or that her condition was a sequela of a vaccine-related injury.
Despite these denials, on February 23, 2021, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H.
Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Ms.
Fisher was awarded a lump sum of $30,000.00, payable by check to Petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on March 29, 2021.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Ronalda Elnetta Kosh of the U.S.
Department of Justice.
Theory of causation
Petitioner Sharon Fisher alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 7, 2017. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation for compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $30,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the clinical progression of the condition beyond stating residual effects for over six months. The theory of causation is based on a Table injury, as indicated by the stipulation and the condition's description as SIRVA.
Source PDFs
USCOURTS-cofc-1_19-vv-00600