Torrey Seely v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
On August 22, 2019, Torrey Seely filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine received on January 27, 2018, caused a Shoulder Injury Related to Vaccine Administration (SIRVA) that is listed on the Vaccine Injury Table. The petition stated that symptoms began within 48 hours of vaccination and lasted for more than six months.
The respondent denied that the flu vaccine caused the petitioner's injury or SIRVA Table injury but agreed to a stipulation for award. The parties stipulated to a lump sum payment of $45,680.00 to compensate for all damages.
Special Master Herbrina Sanders adopted the stipulation and ordered that judgment be entered accordingly. The decision was posted on the United States Court of Federal Claims website.
Petitioner was represented by Maximillian Muller of Muller Brazil, LLP, and respondent was represented by Lauren Kells of the United States Department of Justice.
Theory of causation
Petitioner Torrey Seely filed a petition alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) Table injury following an influenza vaccine administered on January 27, 2018. Petitioner alleged symptom onset within 48 hours of vaccination, lasting more than six months. Respondent denied causation but stipulated to an award. The parties agreed to a lump sum payment of $45,680.00 for all damages. Special Master Herbrina Sanders adopted the stipulation and ordered judgment. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The theory of causation relied upon was the SIRVA Table injury.
Source PDFs
USCOURTS-cofc-1_19-vv-01258