Cindy Stuart v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Petitioner Cindy Stuart filed a petition for vaccine compensation on November 23, 2020, alleging she developed a left shoulder injury related to vaccine administration, known as SIRVA, following an influenza vaccination received on January 6, 2020. The vaccination occurred within the United States, and Ms.
Stuart alleged that her injuries and their residual effects lasted for more than six months. Respondent denied that Ms.
Stuart sustained a SIRVA Table injury or that the flu vaccine caused her alleged injury or any other condition. Despite these opposing positions, the parties filed a joint stipulation on November 28, 2023, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.
Pursuant to the stipulation, Ms. Stuart was awarded $65,000.00 as a lump sum, payable by check, as compensation for all damages.
This award represents a compromise of the parties' respective positions on liability and damages. The stipulation also noted that attorneys' fees and costs would be sought in subsequent proceedings.
Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and Respondent was represented by Tyler King of the U.S.
Department of Justice. The decision was signed by Chief Special Master Brian H.
Corcoran.
Theory of causation
Petitioner Cindy Stuart alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on January 6, 2020. The injury allegedly lasted more than six months. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation to settle the case. The stipulation stated that the parties maintained their positions but agreed to settle. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $65,000.00 as a lump sum. This award represents a compromise of liability and damages. Attorneys' fees and costs were to be sought in subsequent proceedings. Petitioner was represented by Amy A. Senerth, and Respondent was represented by Tyler King. The decision was issued on January 4, 2024.