Nancy O’Leary v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)
Case summary [AI summaries can sometimes make mistakes]
Nancy O’Leary filed a petition for compensation on November 16, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused in fact by an influenza vaccine received on November 17, 2017. Ms.
O’Leary stated that the vaccine was administered in the United States and that she experienced residual effects of her SIRVA for more than six months. She also affirmed that no civil action had been filed and no other compensation had been received for her condition.
The respondent denied that Ms. O’Leary sustained a SIRVA Table injury or that the influenza vaccine caused her condition.
Despite the respondent's denial, the parties filed a joint stipulation on November 15, 2021, agreeing that compensation should be awarded. Chief Special Master Brian H.
Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Ms.
O’Leary was awarded a lump sum of $84,532.22, payable to her. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the mechanism of injury.
Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Lynn Christina Schlie of the U.S. Department of Justice.
Theory of causation
Petitioner Nancy O’Leary alleged a shoulder injury related to vaccine administration (SIRVA) caused in fact by an influenza vaccine administered on November 17, 2017. The respondent denied that the injury was a SIRVA Table injury or that the vaccine caused the condition. The parties filed a joint stipulation agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $84,532.22. The public decision does not specify the theory of causation beyond the general allegation of SIRVA, nor does it name any medical experts or detail the specific mechanism of injury. The award was based on a stipulation, not a finding of causation after litigation. Petitioner's counsel was Leigh Finfer, and Respondent's counsel was Lynn Christina Schlie. The decision date was December 17, 2021.
Source PDFs
USCOURTS-cofc-1_20-vv-00568