Gina M. Tyler v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Gina M. Tyler filed a petition for vaccine compensation on May 4, 2020, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 11, 2018.
Petitioner alleged that her injury was a Table injury and that she experienced residual effects for more than six months. Respondent denied that petitioner sustained a SIRVA, that the vaccine caused her injury, or that her condition was a sequelae of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation on July 20, 2022, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation as the decision awarding damages. Gina M.
Tyler was awarded a lump sum of $106,500.00 as compensation for all damages available under Section 15(a). The decision was entered on September 9, 2022.
Petitioner was represented by Richard H. Moeller of Moore, Heffernan, et al., and respondent was represented by Martin Conway Galvin of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, or treatments.
The specific mechanism of injury is not detailed in the public decision, other than it being alleged as a SIRVA.
Theory of causation
Petitioner Gina M. Tyler received an influenza vaccine on October 11, 2018, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA), a Table injury, with residual effects lasting more than six months. Respondent denied the SIRVA, causation, or sequelae. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $106,500.00 for all damages under 42 U.S.C. § 300aa-15(a). The decision was entered on September 9, 2022. Petitioner was represented by Richard H. Moeller and respondent by Martin Conway Galvin. The stipulation stated that it was a compromise of liability and damages and not an admission of causation or that the injury was contained in the Vaccine Injury Table. The public text does not detail specific medical experts, clinical findings, or the precise mechanism of injury beyond the allegation of SIRVA.
Source PDFs
USCOURTS-cofc-1_20-vv-00548