Ashley N. Israelsen v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Ashley N. Israelsen filed a petition for compensation on July 22, 2019, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her influenza vaccination on February 19, 2018.
The respondent denied that the injury was a Table SIRVA or that the vaccine caused or aggravated her condition. The parties filed a joint stipulation on May 25, 2021, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation as her decision.
The award included a lump sum payment of $1,065.09 to satisfy a State of Colorado Medicaid lien, payable jointly to the petitioner and the Colorado Department of Health Care Policy and Financing. Additionally, a lump sum of $110,000.00 was awarded, payable to the petitioner, representing compensation for all other damages.
The total award was $111,065.09. The stipulation stated that it represented a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and that it was not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused the petitioner's alleged shoulder injury.
Petitioner, represented by Mari Colleen Bush, released the United States from further claims related to the vaccination in exchange for the payments. Respondent was represented by Ryan Daniel Pyles.
Theory of causation
Petitioner Ashley N. Israelsen received an influenza vaccine on February 19, 2018, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA). Respondent denied that the injury was a Table SIRVA or that the vaccine caused or aggravated the condition. The parties entered into a joint stipulation to settle the case. The stipulation, adopted by Chief Special Master Brian H. Corcoran on June 28, 2021, awarded $1,065.09 for a State of Colorado Medicaid lien and $110,000.00 for all other damages, totaling $111,065.09. The stipulation was not an admission of causation by the respondent. Petitioner was represented by Mari Colleen Bush, and respondent was represented by Ryan Daniel Pyles.
Source PDFs
USCOURTS-cofc-1_19-vv-01052