Marie Monies v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Marie Monies filed a petition for vaccine compensation on March 19, 2020, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 2, 2018. The petition stated the vaccine was administered in the United States and that she experienced residual effects for more than six months.
Respondent denied that the flu vaccine caused her injury or that it constituted a SIRVA Table injury. Despite these positions, the parties filed a joint stipulation on August 10, 2021, agreeing that a decision should be entered awarding compensation.
Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.
The court awarded Marie Monies a lump sum of $30,000.00, payable to Petitioner, for all items of damages. This award represents a settlement of liability and damages claimed under the National Childhood Vaccine Injury Act.
Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Amanda Pasciuto of the U.S. Department of Justice.
The decision was issued on September 13, 2021.
Theory of causation
Petitioner Marie Monies alleged a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on November 2, 2018. Respondent denied that the vaccine caused the injury or that it was a SIRVA Table injury. The parties reached a joint stipulation for settlement. The Special Master adopted the stipulation, awarding $30,000.00 as a lump sum for all damages. The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The theory of causation is based on the "Table" category for SIRVA, as the parties agreed to settle the matter without a determination of causation. Petitioner was represented by Muller Brazil, LLP, and Respondent by the U.S. Department of Justice. Chief Special Master Brian H. Corcoran issued the decision on September 13, 2021.
Source PDFs
USCOURTS-cofc-1_20-vv-00311