Charity Frimpong v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Charity Frimpong filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2020, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by an influenza vaccine received on November 6, 2017. She alleged the injury resulted in residual effects lasting more than three years.
The petition was amended on February 18, 2022, to correct certain errors, including the date of vaccination. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms.
Frimpong's injury or SIRVA. Despite maintaining their positions, the parties filed a joint stipulation on March 8, 2022, agreeing to settle the case.
Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages.
Ms. Frimpong was awarded a lump sum of $90,000.00, payable by check to Petitioner, representing compensation for all items of damages available under the program.
The decision was entered on April 8, 2022. Petitioner was represented by Kwaku D.
Ofori of Ofori Law Firm, LLC, and Respondent was represented by Kimberly Shubert Davey of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or the mechanism of injury. The stipulation states that the compensation is not for items or services for which the Program is not primarily liable and that payment is subject to the availability of sufficient statutory funds.
Petitioner irrevocably releases the United States and the Secretary of Health and Human Services from all claims related to the alleged injury from the flu vaccination.
Theory of causation
Petitioner Charity Frimpong alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) caused by an influenza vaccine received on November 6, 2017. The respondent denied that the vaccine caused the alleged injury or SIRVA. The parties reached a joint stipulation to settle the case, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation awarded Petitioner a lump sum of $90,000.00 for all damages available under 42 U.S.C. § 300aa-15(a). The decision was entered on April 8, 2022, based on the stipulation filed March 8, 2022. The original petition was filed October 13, 2020. The theory of causation is based on the Vaccine Injury Table (SIRVA). The public text does not detail specific medical experts, the mechanism of injury, or the specific residual effects beyond stating they lasted more than three years. Petitioner was represented by Kwaku D. Ofori and Respondent by Kimberly Shubert Davey.
Source PDFs
USCOURTS-cofc-1_20-vv-01373