Ashley Gibson Long v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Ashley Gibson Long filed a petition for vaccine compensation on August 31, 2020, alleging injury from an influenza vaccine received on October 28, 2019. Petitioner alleged a shoulder injury related to vaccine administration (SIRVA) that persisted for more than six months, and that this injury was a Table injury.
Respondent denied that Petitioner suffered a SIRVA Table injury, denied that the vaccine caused the injury or its sequelae, and denied any other vaccine-related injury. Despite these denials, the parties filed a joint stipulation on February 1, 2022, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision, awarding Ashley Gibson Long a lump sum of $45,000.00 for all damages.
This award represents a compromise of the parties' positions on liability and damages. The case was resolved via stipulation, avoiding a contested hearing on the merits.
Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and Respondent was represented by Jeremy Fugate of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical experts consulted.
Theory of causation
Petitioner Ashley Gibson Long received an influenza vaccine on October 28, 2019, and alleged a shoulder injury related to vaccine administration (SIRVA) that persisted for more than six months, consistent with a Table injury. Respondent denied that the injury was a Table injury, denied that the vaccine caused the injury or its sequelae, and denied any other vaccine-related injury. The parties reached a settlement via joint stipulation, avoiding litigation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $45,000.00 for all damages. The stipulation represents a compromise of liability and damages. Petitioner was represented by Muller Brazil, LLP, and Respondent by the U.S. Department of Justice. The public text does not detail the specific mechanism of injury, expert testimony, or the basis for the compromise beyond the parties' agreement to settle.
Source PDFs
USCOURTS-cofc-1_20-vv-01107