Judy Bell v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Filed 2019-06-03Decided 2022-11-28Vaccine Influenza
compensated$18,000

Case summary [AI summaries can sometimes make mistakes]

Judy Bell filed a petition for compensation under the National Vaccine Injury Compensation Program on June 3, 2019. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine in her shoulder on October 10, 2017, and that she experienced residual effects for more than six months.

The respondent denied that Ms. Bell sustained a SIRVA Table injury, that the flu vaccine caused her alleged shoulder injury or any other injury, and that her current condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on October 20, 2022, agreeing that compensation should be awarded. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Pursuant to the stipulation, Judy Bell was awarded a lump sum of $18,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Ronalda Elnetta Kosh of the U.S.

Department of Justice.

Theory of causation

Petitioner Judy Bell filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine administered on October 10, 2017. The respondent denied that the injury was a SIRVA Table injury or caused by the vaccine. The parties reached a joint stipulation for compensation. The Special Master adopted the stipulation, awarding $18,000.00. The theory of causation is based on the "Table" for SIRVA, as indicated by the stipulation and the case's categorization. The public decision does not name specific medical experts or detail the mechanism of injury beyond the general category of SIRVA. The award was a lump sum of $18,000.00. Chief Special Master Brian H. Corcoran issued the decision on November 28, 2022, based on the stipulation filed October 20, 2022. Petitioner's counsel was Jeffrey S. Pop, and Respondent's counsel was Ronalda Elnetta Kosh.

Source PDFs 3 total · 2 downloaded