Lisa J. Prince v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Lisa J. Prince filed a petition for compensation under the National Vaccine Injury Compensation Program on November 20, 2019.
She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on November 12, 2018. The petition stated that the vaccine was administered in the United States, that she experienced residual effects of the injury for more than six months, and that there had been no prior award or settlement of a civil action for damages.
The respondent, the Secretary of Health and Human Services, denied that the petitioner suffered a SIRVA Table injury or that the flu vaccine caused her alleged left shoulder injury or any other injury or current condition. Despite these differing positions, the parties filed a joint stipulation on December 2, 2021, agreeing to settle the case and award compensation.
Chief Special Master Brian H. Corcoran adopted the stipulation as the court's decision.
Pursuant to the stipulation, Ms. Prince was awarded a lump sum of $50,000.00, payable to her, as compensation for all items of damages available under Section 15(a) of the Vaccine Act.
This amount represents a compromise of the parties' respective positions on liability and damages. The stipulation also addressed future proceedings for reasonable attorneys' fees and costs.
The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. Petitioner was represented by David Alexander Tierney of Rawls Law Group, and respondent was represented by Christine Mary Becer of the U.S.
Department of Justice. The decision was issued on January 6, 2022.
Theory of causation
Petitioner Lisa J. Prince alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 12, 2018. Respondent denied the SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to settle the case. The Special Master adopted the stipulation, awarding $50,000.00 as a lump sum for all damages. This case was processed as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The award represents a compromise of liability and damages. The decision was issued by Chief Special Master Brian H. Corcoran on January 6, 2022. Petitioner's counsel was David Alexander Tierney, and respondent's counsel was Christine Mary Becer.
Source PDFs
USCOURTS-cofc-1_19-vv-01781