Lloyd Scott v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Lloyd Scott filed a petition for compensation under the National Vaccine Injury Compensation Program on July 25, 2019. Mr.
Scott alleged that he developed a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 17, 2017. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused the alleged injury.
Despite the denial, the parties reached a joint stipulation to settle the case. The stipulation, filed on March 7, 2023, outlined the terms of the settlement.
Respondent agreed to issue a payment of $60,000.00 in the form of a check payable to Lloyd Scott. This amount was designated as compensation for all damages available under the program.
Special Master Mindy Michaels Roth adopted the parties' stipulation and awarded the compensation. The clerk of the court was directed to enter judgment in accordance with this decision.
The decision was signed by Special Master Mindy Michaels Roth and filed on April 3, 2023. The public decision is unpublished but will be posted on the Court of Federal Claims' website.
Theory of causation
Petitioner Lloyd Scott alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on November 17, 2017. Respondent denied causation. The parties reached a joint stipulation to settle the case, agreeing to a $60,000.00 lump sum payment to the petitioner. Special Master Mindy Michaels Roth adopted the stipulation and awarded the compensation on April 3, 2023. The specific medical mechanism or expert testimony regarding causation was not detailed in the public decision, as the case was resolved via stipulation. Petitioner was represented by Leah Durant, Esq., and respondent by Debra Begley, Esq.
Source PDFs
USCOURTS-cofc-1_19-vv-01073