Elaine Gosnell v. HHS - Influenza, left shoulder injuries related to vaccine administration (‘SIRVA’) (2022)
Case summary [AI summaries can sometimes make mistakes]
Elaine Gosnell filed a petition for compensation under the National Vaccine Injury Compensation Program on December 13, 2019. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 17, 2018, and that the residual effects of this injury lasted for more than six months.
The respondent, the Secretary of Health and Human Services, denied that Ms. Gosnell sustained a SIRVA Table injury or that the flu vaccine caused her alleged shoulder injury and its residual effects.
Despite these denials, the parties filed a joint stipulation on December 14, 2021, agreeing to settle the case. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Ms.
Gosnell was awarded a lump sum of $63,750.00, payable by check, as compensation for all damages available under the program. The decision was entered on January 18, 2022.
Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by Adriana Ruth Teitel of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, or treatments related to Ms. Gosnell's alleged injury.
Theory of causation
Petitioner Elaine Gosnell alleged a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 17, 2018, which she claimed was a Table injury with residual effects lasting over six months. Respondent denied that petitioner sustained a SIRVA Table injury or that the flu vaccine caused her alleged injury. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $63,750.00. The stipulation itself does not detail the specific medical mechanism of injury or name any medical experts. The decision was entered on January 18, 2022, following the petition filed on December 13, 2019. Petitioner counsel was Bridget Candace McCullough, and respondent counsel was Adriana Ruth Teitel.
Source PDFs
USCOURTS-cofc-1_19-vv-01890