Juliana Forster v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Juliana Forster filed a petition for compensation on August 21, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 20, 2018. She further alleged that she experienced residual effects for more than six months.
The respondent denied that Ms. Forster sustained a SIRVA Table injury or that the influenza vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation on August 12, 2021, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation as the decision of the court. Pursuant to the stipulation, Ms.
Forster was awarded a lump sum of $50,000.00 as compensation for all damages. This amount represents a compromise of the parties' respective positions on liability and damages.
Petitioner was represented by William E. Cochran, Jr. of Black McLaren Jones Ryland & Griffee, P.C., and respondent was represented by Matthew Murphy of the U.S.
Department of Justice.
Theory of causation
Petitioner Juliana Forster received an influenza vaccine on September 20, 2018, and alleged a shoulder injury related to vaccine administration (SIRVA) with residual effects for more than six months, falling under the Vaccine Injury Table. Respondent denied a SIRVA Table injury and causation. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $50,000.00 for all damages. The stipulation explicitly states it is not an admission by the United States or the Secretary of Health and Human Services that the vaccine caused the alleged injury. Petitioner was represented by William E. Cochran, Jr., and respondent by Matthew Murphy. The decision date was September 14, 2021.
Source PDFs
USCOURTS-cofc-1_19-vv-01248