Megan Sebasky v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Filed 2020-02-04Decided 2021-12-01Vaccine Influenza
compensated$35,000

Case summary [AI summaries can sometimes make mistakes]

Megan Sebasky filed a petition for compensation under the National Vaccine Injury Compensation Program on February 4, 2020. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on November 1, 2018.

Ms. Sebasky further alleged that the effects of her injury lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Ms. Sebasky suffered a SIRVA Table injury or that the flu vaccine caused her condition.

Despite these denials, the parties filed a joint stipulation on October 26, 2021, agreeing to a settlement. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision awarding damages. Pursuant to the stipulation, Ms.

Sebasky was awarded a lump sum of $35,000.00, payable by check to the petitioner. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act.

The decision was issued on December 1, 2021. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.

Petitioner was represented by Edward M. Kraus of the Law Offices of Chicago Kent, and respondent was represented by Christine Mary Becer of the U.S.

Department of Justice.

Theory of causation

Petitioner Megan Sebasky received an influenza vaccine on November 1, 2018. She alleged a left shoulder injury related to vaccine administration (SIRVA) with effects lasting more than six months. Respondent denied the SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation. Petitioner was awarded $35,000.00. The stipulation states the case falls under the Vaccine Injury Table (SIRVA). The public text does not detail the specific mechanism of injury, expert testimony, or clinical findings. Petitioner's counsel was Edward M. Kraus, and respondent's counsel was Christine Mary Becer. The decision date was December 1, 2021.

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