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

Filed 2020-10-19Decided 2022-09-07Vaccine Influenza
compensated$78,578

Case summary [AI summaries can sometimes make mistakes]

Angela McFadden filed a petition for compensation under the National Vaccine Injury Compensation Program on October 19, 2020, alleging injury from an influenza vaccine she received on October 19, 2018. The vaccine was administered in her left arm.

Ms. McFadden alleged she suffered a left shoulder injury related to vaccine administration (SIRVA) within the time period specified by the Vaccine Injury Table and experienced residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Ms. McFadden sustained a SIRVA Table injury, denied that the alleged shoulder injury was caused by the flu vaccine, and denied that the flu vaccine caused any other injury or her current condition.

Despite these denials, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H.

Corcoran reviewed and adopted the stipulation. As per the stipulation, Ms.

McFadden was awarded a lump sum of $78,578.98, payable by check, as compensation for all damages. This decision was entered on September 7, 2022.

Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and respondent was represented by Emilie Williams of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests performed, or treatments received.

Theory of causation

Petitioner Angela McFadden received an influenza vaccine on October 19, 2018, and 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. Respondent denied that the injury was a Table injury or caused by the vaccine. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $78,578.98 for all damages. The public text does not specify the mechanism of injury or name any experts. The theory of causation is based on the Vaccine Injury Table for SIRVA. The decision date was September 7, 2022. Petitioner's counsel was Paul R. Brazil, and respondent's counsel was Emilie Williams.

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