Samantha Ivers v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Samantha Ivers filed a petition for vaccine compensation on July 30, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on August 6, 2017. The influenza vaccine is listed on the Vaccine Injury Table.
Respondent denied that the flu vaccine caused Petitioner's SIRVA or any other injury. Despite the denial, the parties filed a joint stipulation on May 26, 2022, agreeing to settle the case and award compensation.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision.
The court awarded Samantha Ivers a lump sum of $35,000.00 as compensation for damages. This award represents a settlement of liability and damages claimed under the National Childhood Vaccine Injury Act.
Petitioner was represented by Stephanie B. Rubin of Rubin & Machado, Ltd., and Respondent was represented by Mary Eileen Holmes of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Samantha Ivers received an influenza vaccine on August 6, 2017. The vaccine is listed on the Vaccine Injury Table. Petitioner alleged a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months. Respondent denied that the vaccine caused the alleged injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision. The award was a lump sum of $35,000.00. The public text does not specify the mechanism of injury, expert testimony, or detailed medical findings. The theory of causation is based on the Vaccine Injury Table listing for influenza vaccines and SIRVA. Attorneys for Petitioner were Rubin & Machado, Ltd., and for Respondent, the U.S. Department of Justice. The decision date was June 30, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-00929