Jennifer Lindsey v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Filed 2023-12-07Decided 2024-01-12Vaccine Influenza
compensated$15,000

Case summary [AI summaries can sometimes make mistakes]

Jennifer Lindsey filed a petition for compensation under the National Vaccine Injury Compensation Program on December 7, 2023, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 23, 2018. Petitioner alleged the injury was on the Vaccine Injury Table and that she experienced residual effects for more than six months.

Respondent denied that Ms. Lindsey suffered SIRVA, that the vaccine caused her injury, or that it significantly aggravated an underlying shoulder condition.

Despite these denials, the parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H.

Corcoran adopted the stipulation as the court's decision. The stipulation stated that the parties agreed to settle the issues between them and that a decision should be entered awarding compensation.

The court awarded Ms. Lindsey a lump sum of $15,000.00, payable to Petitioner, for all items of damages available under Section 15(a).

This award represents a negotiated settlement of liability and damages. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Colleen Clemons Hartley of the U.S.

Department of Justice. The decision was issued on January 12, 2024.

Theory of causation

Petitioner Jennifer Lindsey alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 23, 2018, claiming it was on the Vaccine Injury Table and caused residual effects for more than six months. Respondent denied SIRVA, causation, or significant aggravation of an underlying condition. The parties filed a joint stipulation agreeing to settle. The stipulation stated that the parties maintained their positions but agreed to settle, with Respondent denying causation and SIRVA. The stipulation was adopted by Chief Special Master Brian H. Corcoran on January 12, 2024, awarding a lump sum of $15,000.00 to Petitioner for all damages. The stipulation explicitly stated it was not an admission by the United States or the Secretary of Health and Human Services that the vaccine caused the alleged injury or met the Table criteria. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Colleen Clemons Hartley of the U.S. Department of Justice.

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