Erica Stastny v. HHS - Influenza, right shoulder abscess (2025)
Case summary [AI summaries can sometimes make mistakes]
Erica Stastny filed a petition on January 2, 2020, alleging that an influenza vaccine received on October 5, 2018, caused adverse effects, specifically a right shoulder abscess. Ms.
Stastny contended that the vaccine was administered by a Kentucky mobile vaccination entity that exercised inadequate safety controls, leading to similar injuries in other individuals. This case was one of several related petitions handled together, with entitlement decided in a test case, Silvers v.
Secretary of Health and Human Services. The respondent elected not to defend the case and requested a ruling on the record, acknowledging the findings in the test case.
Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on November 20, 2024, finding Ms.
Stastny entitled to compensation, applying the same reasoning as in the Silvers decision. Subsequently, the parties submitted a proffer for damages.
On January 13, 2025, Chief Special Master Corcoran issued a Decision Awarding Damages, adopting the respondent's proffer. Ms.
Stastny was awarded $10,000.00 as a lump sum payment for pain and suffering, representing all elements of compensation to which she is entitled under the Vaccine Act. The award was to be made in the form of a check payable to Ms.
Stastny. Petitioner counsel was Tim Rutherford McCarthy of Nutt Law Office, and respondent counsel was James Vincent Lopez of the U.S.
Department of Justice.
Theory of causation
Petitioner Erica Stastny alleged that an influenza vaccine administered on October 5, 2018, caused a right shoulder abscess. The theory of causation was based on the vaccine being administered by an entity with inadequate safety controls, leading to comparable abscess injuries in other individuals. This case was resolved based on the entitlement ruling in a test case, Silvers v. Secretary of Health and Human Services, which found that the influenza vaccine administration caused a right shoulder skin abscess associated with a bacterial infection. The respondent elected not to defend this case and requested a ruling on the record. Chief Special Master Brian H. Corcoran ruled in favor of the petitioner on entitlement and subsequently adopted the respondent's proffer for damages. The award was $10,000.00 for pain and suffering, paid as a lump sum to the petitioner. Petitioner counsel was Tim Rutherford McCarthy, and respondent counsel was James Vincent Lopez. The decision date for entitlement was November 20, 2024, and the decision date for damages was January 13, 2025.
Source PDFs
USCOURTS-cofc-1_20-vv-00022