Sapna Patel v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Filed 2020-07-24Decided 2023-06-16Vaccine Influenza
compensated$60,000

Case summary [AI summaries can sometimes make mistakes]

Sapna Patel filed a petition for compensation on July 24, 2020, alleging that an influenza vaccine she received on October 10, 2018, caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). Ms.

Patel contended that SIRVA is a condition listed on the Vaccine Injury Table and that the residual effects of her injury lasted for more than six months. She also represented that there had been no prior award or settlement for her condition.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused Ms. Patel's alleged left shoulder injury, SIRVA, or any other condition.

Despite the respondent's denial, the parties reached a joint stipulation to resolve the case. Special Master Christian J.

Moran reviewed the stipulation and adopted it as the decision of the Court. Under the terms of the stipulation, Ms.

Patel was awarded a lump sum of $60,000.00, payable by check to the petitioner, as compensation for all damages. The clerk was directed to enter judgment according to this decision and the stipulation.

Maximillian J. Muller of Muller Brazil, LLP, represented the petitioner, and Kimberly Shubert Davey of the United States Department of Justice represented the respondent.

The decision was filed on June 16, 2023.

Theory of causation

Petitioner Sapna Patel alleged that an influenza vaccine administered on October 10, 2018, caused a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed on the Vaccine Injury Table, with residual effects lasting over six months. Respondent denied causation. The parties reached a joint stipulation, which Special Master Christian J. Moran adopted as the Court's decision. The stipulation resulted in a $60,000.00 lump sum award to the petitioner. Petitioner was represented by Maximillian J. Muller (Muller Brazil, LLP), and respondent was represented by Kimberly Shubert Davey (United States Dep’t of Justice). The decision was filed on June 16, 2023.

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