Elisabeth Preitauer v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2020-11-24Decided 2023-05-04Vaccine Influenza
compensated$48,500

Case summary [AI summaries can sometimes make mistakes]

Elisabeth Preitauer filed a petition on November 24, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she received an influenza vaccine on September 29, 2019, and subsequently suffered a right shoulder injury related to vaccine administration (SIRVA), with residual effects lasting more than six months.

The respondent denied that the petitioner sustained a SIRVA Table injury, that the vaccine caused her alleged right shoulder injury or any other injury, and that her current condition was a sequela of a vaccine-related injury. Despite the respondent's denials, on April 3, 2023, both parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the court's decision.

Pursuant to the stipulation, Elisabeth Preitauer was awarded a lump sum of $48,500.00, payable by check to the petitioner, as compensation for all items of damages available under Section 15(a). The decision was issued on May 4, 2023.

Petitioner's counsel was Paul R. Brazil of Muller Brazil, LLP.

Respondent's counsel was Alexa Roggenkamp of the U.S. Department of Justice.

Theory of causation

Petitioner Elisabeth Preitauer alleged a right shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 29, 2019, with residual effects lasting over six months. Respondent denied the SIRVA Table injury, causation, and sequela. The parties filed a joint stipulation on April 3, 2023, agreeing to an award. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $48,500.00 for all damages under Section 15(a). The public decision does not describe the specific mechanism of injury, medical experts, or detailed clinical findings. The theory of causation is based on the "Table" as indicated by the SIRVA Table injury allegation. The award was issued on May 4, 2023. Petitioner was represented by Paul R. Brazil, and Respondent by Alexa Roggenkamp.

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