Jennifer Sepate v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2022-11-30Decided 2023-01-06Vaccine Influenza
compensated$52,500

Case summary [AI summaries can sometimes make mistakes]

Jennifer Sepate filed a petition on November 30, 2022, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 17, 2019. She claimed the injury met the Table definition and that she experienced residual effects for more than six months.

Respondent denied that Petitioner sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury. Despite the denial, the parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as his decision.

Jennifer Sepate was awarded a lump sum of $52,500.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.

Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C., and Respondent was represented by James Vincent Lopez of the U.S. Department of Justice.

Theory of causation

Petitioner Jennifer Sepate alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 17, 2019, meeting the Table definition and causing residual effects for more than six months. Respondent denied the SIRVA Table injury and causation. The parties filed a joint stipulation for compensation. The public text does not specify the mechanism of injury, expert testimony, or detailed medical evidence. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $52,500.00 for all damages under Section 15(a). Petitioner's counsel was Jonathan Joseph Svitak, and Respondent's counsel was James Vincent Lopez. The decision date was January 6, 2023.

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