Nicole Matley v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Filed 2020-02-25Decided 2022-03-03Vaccine Influenza
compensated$48,000

Case summary [AI summaries can sometimes make mistakes]

Nicole Matley filed a petition for compensation under the National Vaccine Injury Compensation Program on February 25, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 17, 2018.

Ms. Matley stated that the vaccine was administered in the United States and that she experienced residual effects of the injury for more than six months.

She also affirmed that she had not received a prior award or settlement for this condition. The respondent, the Secretary of Health and Human Services, denied that Ms.

Matley sustained a SIRVA, that the vaccine caused her alleged shoulder injury, or that her condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on January 25, 2022, agreeing that compensation should be awarded.

Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision.

Pursuant to the stipulation, Chief Special Master Corcoran awarded Nicole Matley $48,000.00 as a lump sum, payable to the petitioner, as compensation for all items of damages. The decision was issued on March 3, 2022.

Petitioner was represented by Glen Howard Sturtevant, Jr. of Rawls Law Group, and Respondent was represented by Lara Ann Englund of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury.

Theory of causation

Petitioner Nicole Matley alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on December 17, 2018. Respondent denied the alleged SIRVA and causation. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $48,000.00 as a lump sum. The stipulation indicates the case falls under the "Table" for theory of causation, implying a presumed link under the Vaccine Act. No specific medical experts or detailed causation theories beyond the Table presumption were described in the public decision. Petitioner was represented by Glen Howard Sturtevant, Jr., and Respondent by Lara Ann Englund. The decision date was March 3, 2022.

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