Mary Fiolek v. HHS - Hepatitis A, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Mary Fiolek filed a petition for compensation on April 9, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving the hepatitis A vaccine on February 14, 2019. The petition stated the injury occurred within hours of vaccination and had residual effects for more than six months.
Respondent denied that the vaccine caused the alleged injury or any other condition. Despite these positions, the parties filed a joint stipulation on May 3, 2022, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Mary Fiolek $45,000.00 in compensation for all damages.
This amount represents a compromise of liability and damages, and the stipulation does not constitute an admission by the United States that the vaccine caused the injury. Petitioner was represented by Scott William Rooney of Nemes, Rooney, P.C., and Respondent was represented by Sarah Christina Duncan of the U.S.
Department of Justice. The decision was issued on June 16, 2022.
Theory of causation
Petitioner Mary Fiolek received a hepatitis A vaccine on February 14, 2019. She alleged a shoulder injury related to vaccine administration (SIRVA), a condition listed in the Vaccine Injury Table. Respondent denied that the vaccine caused the alleged injury or any other condition. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $45,000.00 in compensation for all damages. The stipulation, dated May 3, 2022, and the decision, dated June 16, 2022, do not detail the specific medical mechanism of injury, expert testimony, or clinical findings. The award represents a compromise of liability and damages, and the United States did not admit that the vaccine caused the injury. Petitioner was represented by Scott William Rooney and Respondent by Sarah Christina Duncan.
Source PDFs
USCOURTS-cofc-1_20-vv-00409