C.P. v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
C.P., a Doctor of Osteopathic Medicine, filed a petition on September 18, 2019, under the National Vaccine Injury Compensation Program alleging a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 23, 2016. Petitioner claimed SIRVA as a Table Injury and that the vaccine caused his condition.
Respondent denied that Petitioner sustained a SIRVA Table Injury, denied that the injury was caused-in-fact by the flu vaccine, and denied that the vaccine caused any other injury. The public decision does not describe the onset of symptoms, specific clinical findings, diagnostic tests, or treatments.
Despite the denials, the parties filed a joint stipulation on June 28, 2022, agreeing to an award of compensation. Chief Special Master Brian H.
Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. Petitioner was awarded a lump sum of $152,500.00, payable by check to Petitioner, representing compensation for all items of damages.
The decision was issued on January 13, 2023, with Petitioner's name redacted to initials only.
Theory of causation
Petitioner C.P. alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 23, 2016. SIRVA is a condition listed in the Vaccine Injury Table. Respondent denied that Petitioner sustained a SIRVA Table Injury, denied that the injury was caused-in-fact by the flu vaccine, and denied that the flu vaccine caused any other injury or Petitioner's current condition. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded Petitioner $152,500.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation.
Source PDFs
USCOURTS-cofc-1_19-vv-01429