Lindsay Nowland v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Lindsay Nowland filed a petition for compensation under the National Vaccine Injury Compensation Program on December 3, 2020, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 3, 2019. She alleged the vaccine was administered in the United States, her symptoms persisted for more than six months, and she had not previously filed an action or received compensation for this injury.
The case was assigned to the Special Processing Unit. On March 14, 2022, the respondent filed a Rule 4(c) report conceding entitlement to compensation.
The respondent agreed that Ms. Nowland had no prior shoulder issues that would explain the symptoms, that the onset of pain occurred within 48 hours of vaccination, that the pain and reduced range of motion were localized to the injection shoulder, and that no other condition accounted for her symptoms.
The respondent also agreed that the petition was timely filed, the vaccination occurred in the U.S., and the statutory severity requirement was met due to the injury's residual effects lasting over six months. Based on the respondent's concession and the record, Chief Special Master Brian H.
Corcoran issued a Ruling on Entitlement finding Ms. Nowland entitled to compensation.
Subsequently, on July 14, 2022, the respondent filed a proffer on the award of compensation, proposing an award of $63,239.27, which Ms. Nowland agreed to.
On August 15, 2022, Chief Special Master Corcoran issued a Decision Awarding Damages, granting Ms. Nowland a lump sum payment of $63,239.27.
This award comprised $62,500.00 for pain and suffering and $739.27 for past unreimbursable expenses. The award was to be paid via a check payable to Ms.
Nowland. Paul R.
Brazil of Muller Brazil, LLP represented the petitioner, and Catherine Elizabeth Stolar of the U.S. Department of Justice represented the respondent.
Chief Special Master Brian H. Corcoran presided over the case.
Theory of causation
Petitioner Lindsay Nowland received an influenza vaccine on October 3, 2019. She alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) as a Table injury. The respondent conceded entitlement, agreeing that petitioner had no prior shoulder issues, experienced symptom onset within 48 hours of vaccination, had symptoms localized to the shoulder, and no other condition explained the symptoms. The injury persisted for more than six months, satisfying the statutory severity requirement. The case proceeded as a Table injury claim. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on March 14, 2022, finding petitioner entitled to compensation. A subsequent Decision Awarding Damages on August 15, 2022, awarded petitioner $63,239.27, consisting of $62,500.00 for pain and suffering and $739.27 for past unreimbursable expenses, paid as a lump sum. Petitioner was represented by Paul R. Brazil (Muller Brazil, LLP), and respondent was represented by Catherine Elizabeth Stolar (U.S. Department of Justice). Chief Special Master Brian H. Corcoran issued the decisions.
Source PDFs
USCOURTS-cofc-1_20-vv-01758