Tracy Wiggins v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Filed 2020-10-09Decided 2022-11-30Vaccine Influenza
compensated$35,000

Case summary [AI summaries can sometimes make mistakes]

Tracy Wiggins filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2020, alleging injury from an influenza vaccine received on October 17, 2018. Petitioner alleged a left shoulder injury related to vaccine administration (SIRVA) that persisted for more than six months.

The respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury, and denied that the vaccine caused any other injury or Petitioner's current condition. The parties reached a joint stipulation to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Tracy Wiggins a lump sum of $35,000.00 as compensation for all damages.

The decision was issued on November 30, 2022. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP, and the respondent was represented by Kyle Edward Pozza of the U.S. Department of Justice.

Theory of causation

Petitioner Tracy Wiggins received an influenza vaccine on October 17, 2018, in her left shoulder. She alleged a left shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, with residual effects lasting more than six months. The respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused the alleged shoulder injury, and denied that the vaccine caused any other injury or Petitioner's current condition. The parties filed a joint stipulation on October 26, 2022, agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $35,000.00 for all damages. The decision was issued on November 30, 2022. Petitioner was represented by Paul R. Brazil, and Respondent was represented by Kyle Edward Pozza. The stipulation stated that it was not an admission by the United States that the flu vaccine caused Petitioner's alleged shoulder injury or any other injury, or that Petitioner suffered an injury contained in the Vaccine Injury Table.

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