Lisa McGuire v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Lisa McGuire filed a petition for compensation under the National Vaccine Injury Compensation Program on September 18, 2019, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 6, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that McGuire's claim met the table criteria for SIRVA and that she satisfied the statutory and jurisdictional requirements of the Vaccine Act.
Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 29, 2021, finding McGuire entitled to compensation.
Subsequently, on June 14, 2021, the parties submitted a proffer on award of compensation. On July 16, 2021, Chief Special Master Corcoran issued a decision awarding damages based on this proffer.
The parties stipulated to an award of $50,260.00, representing compensation for all available elements of damages. This amount was to be paid as a lump sum in the form of a check payable to Lisa McGuire, who is a competent adult.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Claudia Barnes Gangi of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Lisa McGuire alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on September 6, 2018. The respondent conceded that the claim met the table criteria for SIRVA and that petitioner satisfied the statutory requirements, including suffering residual effects for more than six months. The case was decided based on this concession and stipulation. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on March 29, 2021, and a decision awarding damages on July 16, 2021. The parties stipulated to an award of $50,260.00, representing all elements of compensation under 42 U.S.C. § 300aa-15(a), to be paid as a lump sum. Petitioner was represented by Maximillian J. Muller, and respondent by Claudia Barnes Gangi. The specific mechanism of injury, medical experts, or detailed clinical facts were not described in the public decision, as the case was resolved via concession and stipulation under the "Table" theory.
Source PDFs
USCOURTS-cofc-1_19-vv-01428