Christina Gillespie v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Christina Gillespie filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2020. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 15, 2019.
Ms. Gillespie claimed this was a Table Injury and that she experienced residual effects for more than six months post-vaccination.
The respondent, the Secretary of Health and Human Services, denied that the injury was caused by the vaccine or that it constituted a SIRVA Table injury. Despite these opposing positions, the parties filed a joint stipulation on May 18, 2022, agreeing to settle the case.
Chief Special Master Brian H. Corcoran reviewed and adopted the stipulation.
As compensation, Ms. Gillespie was awarded a lump sum of $30,020.00, payable by check to Petitioner.
This award represents a settlement of both liability and damages. The decision was issued on June 24, 2022.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC.
Respondent was represented by Althea Walker Davis of the U.S. Department of Justice.
Theory of causation
Petitioner Christina Gillespie alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 15, 2019. The injury was alleged to be a Table Injury with residual effects lasting more than six months. Respondent denied causation and that the injury was a SIRVA Table injury. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $30,020.00 for all damages available under the Vaccine Act. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. Petitioner was represented by Leah VaSahnja Durant and Respondent by Althea Walker Davis. The decision date was June 24, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-01364