Laura Hailey v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Laura Hailey filed a petition for compensation under the National Vaccine Injury Compensation Program on October 14, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 14, 2019. Petitioner alleged the vaccination occurred in the United States, her injury lasted more than six months, and no prior action or compensation had been sought for these injuries.
The respondent denied that Ms. Hailey sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury, and denied that the flu vaccine caused any other injury or her current condition.
Despite these denials, the parties filed a joint stipulation on May 9, 2022, agreeing that compensation should be awarded. Chief Special Master Brian H.
Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. The decision awarded Ms.
Hailey a lump sum of $62,000.00, payable by check to Petitioner. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act.
The decision was issued on June 21, 2022. Petitioner was represented by Jessica Olins of Maglio Christopher & Toale, PA, and Respondent was represented by Sarah Christina Duncan of the U.S.
Department of Justice.
Theory of causation
Petitioner Laura Hailey received an influenza vaccine on November 14, 2019. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) within the Table time period, or alternatively, that the vaccine caused her right shoulder injury. Respondent denied a SIRVA Table injury and that the vaccine caused the injury or any other condition. The parties filed a joint stipulation agreeing to compensation. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The case was resolved via stipulation, with Chief Special Master Brian H. Corcoran awarding $62,000.00 as a lump sum. Petitioner was represented by Jessica Olins (Maglio Christopher & Toale, PA) and Respondent by Sarah Christina Duncan (U.S. Department of Justice). The decision date was June 21, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-01386