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

Filed 2020-10-26Decided 2022-09-30Vaccine Influenza
compensated$33,000

Case summary [AI summaries can sometimes make mistakes]

On October 26, 2020, Jennifer Inscoe filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 7, 2019. In the alternative, she alleged that the vaccine significantly aggravated a preexisting shoulder injury.

The respondent denied that the petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any injury, or significantly aggravated a preexisting injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on August 26, 2022, agreeing to settle the issues between them.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.

Pursuant to the stipulation, Chief Special Master Corcoran awarded Jennifer Inscoe a lump sum of $33,000.00, payable by check to the petitioner, as compensation for all damages. The decision noted that the case was processed as a Table claim for SIRVA.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or the mechanism of injury. Petitioner was represented by Mark Theodore Sadaka of the Law Offices of Sadaka Associates, LLC, and respondent was represented by Andrew Henning of the U.S.

Department of Justice.

Theory of causation

Petitioner Jennifer Inscoe filed a petition alleging a shoulder injury related to vaccine administration (SIRVA) or significant aggravation of a preexisting shoulder injury following an influenza vaccine on November 7, 2019. Respondent denied causation and aggravation. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $33,000.00 in compensation for all damages. The case was processed as a Table claim for SIRVA. The public decision does not detail specific medical evidence, expert testimony, or the precise mechanism of injury, relying instead on the parties' agreement. Attorneys for petitioner were Mark Theodore Sadaka and for respondent were Andrew Henning. The decision date was September 30, 2022.

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