Peggy Stager v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Peggy Stager filed a petition for compensation under the National Vaccine Injury Compensation Program on March 2, 2021. She alleged that an influenza vaccine administered on October 18, 2017, caused her to develop a shoulder injury related to vaccine administration (SIRVA).
Ms. Stager stated the vaccine was given in the United States and that she experienced residual effects for over six months.
She also affirmed that she had not received a prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that Ms.
Stager sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation for compensation on March 2, 2021.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.
He awarded Peggy Stager a lump sum of $66,360.05, payable to Petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The court directed that judgment be entered in accordance with this decision.
Theodore J. Hong of Maglio Christopher & Toale, PA, represented the petitioner, and Lara Ann Englund of the U.S.
Department of Justice represented the respondent. The decision was issued on April 1, 2021.
Theory of causation
Petitioner Peggy Stager alleged that an influenza vaccine administered on October 18, 2017, caused a shoulder injury related to vaccine administration (SIRVA). Respondent denied the injury was a Table injury, that the vaccine caused the injury, or that the condition was a sequelae of a vaccine-related injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $66,360.05. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The theory of causation relied upon was a Table injury, as indicated by the stipulation and the respondent's denial of a specific causation argument. Petitioner counsel was Theodore J. Hong, and respondent counsel was Lara Ann Englund. The decision date was April 1, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-00636