Schantel Purvis v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Filed 2020-01-30Decided 2022-12-15Vaccine Influenza
compensated$24,000

Case summary [AI summaries can sometimes make mistakes]

Schantel Purvis filed a petition on January 30, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she sustained a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 29, 2017, and that the injury lasted more than six months.

Respondent denied that petitioner sustained a SIRVA Table injury, that the vaccine caused her injury, or that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on November 14, 2022, agreeing to a settlement.

Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.

Pursuant to the stipulation, Ms. Purvis was awarded $24,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The decision was entered on December 15, 2022. Petitioner was represented by Laura Levenberg of Muller Brazil, LLP.

Respondent was represented by Steven Santayana of the U.S. Department of Justice.

Theory of causation

Petitioner Schantel Purvis received an influenza vaccine on October 29, 2017, and alleged a left shoulder injury related to vaccine administration (SIRVA) that lasted more than six months. Respondent denied a SIRVA Table injury, causation, or that the current condition was a sequela of a vaccine-related injury. The parties filed a joint stipulation agreeing to a settlement. The Special Master adopted the stipulation, awarding $24,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The stipulation does not detail the specific medical mechanism or expert opinions, but acknowledges the injury is alleged to be a SIRVA Table injury. Petitioner was represented by Laura Levenberg, and Respondent by Steven Santayana. Chief Special Master Brian H. Corcoran issued the decision on December 15, 2022.

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