Sheila Amati v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Sheila Amati filed a petition for vaccine compensation on May 17, 2019, alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 29, 2017. Petitioner claimed the injury met the Table definition for SIRVA or was otherwise caused-in-fact by the vaccine.
Respondent denied that the vaccine caused her alleged SIRVA or any other injury. The parties, maintaining their respective positions on liability, filed a joint stipulation to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Sheila Amati $43,000.00 in the form of a check payable to Petitioner for pain and suffering.
This amount represents compensation for all damages available under the Vaccine Act. The stipulation also provided for future proceedings to award reasonable attorneys' fees and costs.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.
The decision was issued on July 30, 2021.
Theory of causation
Petitioner Sheila Amati alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 29, 2017, claiming it met the Table definition for SIRVA or was otherwise caused-in-fact by the vaccine. Respondent denied that the vaccine caused the alleged SIRVA or any other injury. The parties filed a joint stipulation to settle the case, agreeing to an award of $43,000.00 for pain and suffering. The stipulation was adopted by Chief Special Master Brian H. Corcoran on July 30, 2021. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. The award represents compensation for all damages available under the Vaccine Act, with provisions for future attorneys' fees and costs. Petitioner was represented by Ronald Craig Homer and Respondent by Sarah Christina Duncan.
Source PDFs
USCOURTS-cofc-1_19-vv-00738