Marcia Hagen v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Marcia Hagen filed a petition for compensation under the National Vaccine Injury Compensation Program on August 15, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by a pneumococcal conjugate vaccine administered on December 5, 2016. Petitioner alleged the vaccine was administered in the United States, that she sustained a SIRVA within the Table timeframe, experienced residual effects for more than six months, and had no prior award or settlement.
Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her injury. Nevertheless, the parties filed a joint stipulation agreeing to a settlement.
Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Marcia Hagen a lump sum of $100,000.00 as compensation for all items of damages.
The case was settled as a Table claim for SIRVA. Petitioner was represented by John Robert Howie of Howie Law, PC, and respondent was represented by Mollie Danielle Gorney of the U.S.
Department of Justice.
Theory of causation
Petitioner Marcia Hagen alleged a shoulder injury related to vaccine administration (SIRVA) from a pneumococcal conjugate vaccine administered on December 5, 2016. The petition alleged the injury occurred within the Table timeframe, with residual effects lasting over six months. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $100,000.00 for all damages. The case was settled as a Table claim for SIRVA. Petitioner was represented by John Robert Howie, and respondent was represented by Mollie Danielle Gorney.
Source PDFs
USCOURTS-cofc-1_19-vv-01213