Mallory J. Spiker v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Mallory J. Spiker filed a petition for compensation under the National Vaccine Injury Compensation Program on November 23, 2020, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 24, 2019.
Petitioner claimed the injury met the Table definition for SIRVA or was caused in fact by the vaccine. Respondent denied that the injury was a Table injury or caused by the vaccine.
The parties filed a joint stipulation on July 25, 2022, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation, awarding Mallory J. Spiker $20,000.00 in compensation for all damages.
The decision was entered on September 9, 2022. Petitioner was represented by Jeffrey A.
Golvash of Golvash & Epstein, LLC, and Respondent was represented by Benjamin Patrick Warder of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, or treatments received by the petitioner.
Theory of causation
Petitioner Mallory J. Spiker received an influenza vaccine on October 24, 2019, and alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) that met the Table definition or was caused in fact by the vaccine. Respondent denied both the Table injury and causation. The parties entered into a joint stipulation agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $20,000.00 in compensation for all damages. The theory of causation was based on a stipulation, not a finding of fact after litigation. Petitioner's counsel was Jeffrey A. Golvash, and Respondent's counsel was Benjamin Patrick Warder. The decision date was September 9, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-01657