Ethel Love v. HHS - Influenza, left shoulder injuries related to vaccine administration (2021)
Case summary [AI summaries can sometimes make mistakes]
Ethel Love filed a petition on August 5, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered left shoulder injuries related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 14, 2016, and that her injury lasted more than six months.
The respondent denied that Ms. Love sustained the onset of a left shoulder injury within the time period set forth in the Vaccine Injury Table, denied that the vaccine caused her alleged injuries or any other injury or disability, and denied that she sustained a SIRVA Table injury.
Despite these denials, on August 31, 2021, the parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Ms.
Love was awarded a lump sum of $63,500.00, payable to her, as compensation for all damages available under the Vaccine Act. This amount represents a compromise of the parties' respective positions on liability and damages.
The decision was issued on October 6, 2021. Petitioner was represented by Paul R.
Brazil of Muller Brazil, LLP, and respondent was represented by Alexa Roggenkamp of the U.S. Department of Justice.
The public decision does not describe the specific onset, symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Ethel Love received an influenza vaccine on October 14, 2016, and alleged a left shoulder injury related to vaccine administration (SIRVA). Respondent denied that the injury was a SIRVA Table injury or that the vaccine caused the alleged injuries. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $63,500.00 as compensation for all damages. This award represents a compromise of the parties' positions. The stipulation does not admit that the vaccine caused the injury. The theory of causation is based on the Vaccine Injury Table (SIRVA). Petitioner was represented by Muller Brazil, LLP, and respondent by the U.S. Department of Justice. The decision date was October 6, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-01134