Charlene Pressley v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Filed 2020-06-09Decided 2022-07-11Vaccine Influenza
compensated$100,000

Case summary [AI summaries can sometimes make mistakes]

Charlene Pressley filed a petition for compensation under the National Vaccine Injury Compensation Program on June 9, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on or about September 19, 2018.

Ms. Pressley stated that she received the vaccine in the United States, experienced residual effects of her injury for more than six months, and had no prior award or settlement of a civil action for damages related to her condition.

The respondent, the Secretary of Health and Human Services, denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injuries or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, on June 9, 2022, the 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 of the court.

Pursuant to the stipulation, Charlene Pressley was awarded a lump sum of $100,000.00, payable by check to Petitioner, as compensation for all items of damages. The decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.

The public decision does not name any medical experts for either party or detail the specific mechanism of injury. Petitioner was represented by Zachary James Hermsen of Whitfield & Eddy Law, and Respondent was represented by Claudia Barnes Gangi of the U.S.

Department of Justice.

Theory of causation

Petitioner Charlene Pressley alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on or about September 19, 2018. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged injuries. The parties filed a joint stipulation agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $100,000.00. The theory of causation is based on the "Table" category of injuries under the Vaccine Act. The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented beyond the stipulation. Petitioner was represented by Zachary James Hermsen, and Respondent by Claudia Barnes Gangi. The decision was issued on July 11, 2022.

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