Eleanor Gray v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Eleanor Gray filed a petition on July 12, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on December 23, 2018, she received an influenza vaccine and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA).
Ms. Gray stated the vaccine was administered in the United States, that she experienced residual effects for over six months, and 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. Gray sustained a shoulder injury as defined in the Vaccine Injury Table, 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.
On February 2, 2021, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H.
Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. He awarded Eleanor Gray $40,000.00 as compensation for all items of damages, to be paid as a lump sum via check.
The decision noted that judgment would be entered accordingly unless a motion for review was filed.
Theory of causation
Petitioner Eleanor Gray alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on December 23, 2018. The respondent denied the injury was covered by the Vaccine Injury Table or caused by the vaccine. The parties filed a joint stipulation on February 2, 2021, agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $40,000.00. The public decision does not detail the specific theory of causation, medical experts, onset, symptoms, diagnostic tests, or treatments. The award was based on a stipulation, and the case falls under the "Table" category, implying the injury is presumed compensable under the Vaccine Act's framework, though the specific mechanism is not elaborated in the provided text.
Source PDFs
USCOURTS-cofc-1_19-vv-00998