Rosemary Chaves v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Rosemary Chaves filed a petition for compensation under the National Vaccine Injury Compensation Program on December 4, 2020. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 14, 2019, and that she experienced residual effects of this condition for more than six months.
The respondent, the Secretary of Health and Human Services, denied that the petitioner sustained a Table injury for SIRVA, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation for damages on November 30, 2022.
Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages.
Pursuant to the stipulation, Rosemary Chaves was awarded a lump sum of $22,500.00, payable by check to the petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was filed on November 30, 2022.
Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Meghan Murphy of the U.S.
Department of Justice.
Theory of causation
Petitioner Rosemary Chaves alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 14, 2019, with residual effects lasting over six months. Respondent denied a Table injury, causation, and sequela. The parties filed a joint stipulation for damages, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $22,500.00 as compensation for all damages under Section 15(a). The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. The theory of causation is based on the "Table" injury category for SIRVA, as indicated by the "Table" entry in the provided data, and was resolved via stipulation rather than litigation on the merits. The decision date was November 30, 2022, and the petition was filed on December 4, 2020. Petitioner's counsel was Alison H. Haskins, and respondent's counsel was Meghan Murphy.
Source PDFs
USCOURTS-cofc-1_20-vv-01759