Linda Jarosz v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Linda Jarosz filed a petition for compensation under the National Vaccine Injury Compensation Program on November 9, 2020, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 22, 2019. Petitioner stated the vaccine was administered in the United States, her symptoms lasted more than six months, and she had not received prior compensation for this injury.
Respondent denied that the vaccine caused her injury or that it constituted a SIRVA Table injury. Despite these positions, the parties filed a joint stipulation on December 19, 2022, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Linda Jarosz $40,500.00 as compensation for all damages.
This amount represents a compromise of the parties' respective positions on liability and damages. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Darryl R.
Wishard of the U.S. Department of Justice.
The decision was issued on January 23, 2023.
Theory of causation
Petitioner Linda Jarosz received an influenza vaccine on October 22, 2019, and alleged a right shoulder injury related to vaccine administration (SIRVA). Respondent denied causation and that the injury was a SIRVA Table injury. The parties filed a joint stipulation agreeing to settle the case, with Petitioner represented by Leigh Finfer and Respondent by Darryl R. Wishard. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $40,500.00 for all damages. The stipulation, dated December 19, 2022, and the decision, dated January 23, 2023, do not detail the specific medical mechanism, expert testimony, or clinical findings supporting the alleged SIRVA, but acknowledge the injury falls under the Vaccine Injury Table. The award represents a compromise of liability and damages.
Source PDFs
USCOURTS-cofc-1_20-vv-01556