Patty Aalbers v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Patty Aalbers filed a petition on May 27, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on September 12, 2018, she received an influenza vaccine in the United States and subsequently suffered a left shoulder injury related to vaccine administration (SIRVA).
Petitioner stated that the residual effects of her injury lasted for more than six months post-vaccination and that neither she nor anyone else had filed a civil action or received compensation for this injury. The respondent, the Secretary of Health and Human Services, denied that Petitioner sustained a SIRVA Table injury, that the vaccine caused her alleged shoulder injury or any other injury, and that her condition was a sequela of a vaccine-related injury.
Despite these denials, on March 6, 2023, both parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H.
Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Petitioner was awarded a lump sum of $27,500.00, payable by check to Petitioner, as compensation for all items of damages.
The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests performed, treatments received, or the specific mechanism of injury. Petitioner's counsel was Amy A.
Senerth of Muller Brazil, LLP, and respondent's counsel was Zoe Wade of the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_20-vv-00650