Janet Sincebaugh v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Janet Sincebaugh filed a petition for compensation on September 20, 2022, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 30, 2018. She claimed the injury was a defined Table injury and that she continued to suffer residual effects.
Respondent denied that the flu vaccine caused her injury or that she sustained a SIRVA Table injury. Despite the denial, the parties filed a joint stipulation for damages.
Chief Special Master Brian H. Corcoran found the stipulation reasonable and awarded Janet Sincebaugh $35,000.00 as compensation for all items of damages, to be paid as a lump sum via check.
The decision was issued on October 24, 2022. Petitioner counsel was Emily Beth Ashe of Anapol Weiss, and respondent counsel was Jamica Marie Littles of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments.
The specific mechanism of injury is not detailed in the public decision, other than it being a SIRVA Table injury.
Theory of causation
Petitioner Janet Sincebaugh alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine on October 30, 2018, claiming it was a defined Table injury. Respondent denied causation and that a SIRVA Table injury was sustained. The parties filed a joint stipulation for damages, which Chief Special Master Brian H. Corcoran adopted as his decision. The stipulation resulted in an award of $35,000.00 as compensation for all items of damages. The public decision does not detail the specific medical mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties agreeing to the award. The decision date was October 24, 2022. Attorneys were Emily Beth Ashe for Petitioner and Jamica Marie Littles for Respondent.
Source PDFs
USCOURTS-cofc-1_20-vv-01677