Dorothy Sell v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Filed 2023-02-27Decided 2023-03-31Vaccine Influenza
compensated$30,000

Case summary [AI summaries can sometimes make mistakes]

Dorothy Sell filed a petition for vaccine compensation on December 16, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on December 6, 2019. She claimed this was a Table injury and that she experienced residual effects for more than six months.

The respondent denied that Ms. Sell sustained a SIRVA Table injury or that the flu vaccine caused her alleged injury, and denied that her current condition was a sequelae of a vaccine-related injury.

Despite these differing positions, the parties filed a joint stipulation on February 27, 2023, to settle the case and award compensation. Chief Special Master Brian H.

Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Ms.

Sell was awarded a lump sum of $30,000.00, payable to her, representing compensation for all items of damages available under the Vaccine Act. The decision was entered on March 31, 2023.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Nancy Tinch of the U.S. Department of Justice.

Theory of causation

Petitioner Dorothy Sell alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on December 6, 2019, claiming it was a Table injury with residual effects lasting more than six months. Respondent denied the SIRVA Table injury and that the flu vaccine caused the alleged injury or any other condition. The parties filed a joint stipulation to settle the case, agreeing that a decision should be entered awarding compensation. Chief Special Master Brian H. Corcoran adopted the stipulation. The award was a lump sum of $30,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation was filed on February 27, 2023, and the decision was entered on March 31, 2023. Petitioner was represented by Ronald Craig Homer, and Respondent was represented by Nancy Tinch. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the allegation of SIRVA.

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