Mariell Meacham v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Mariell Meacham filed a petition for compensation under the National Vaccine Injury Compensation Program on December 22, 2020, alleging that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of receiving an influenza vaccine on October 11, 2019. The respondent, the Secretary of Health and Human Services, denied that the vaccine caused petitioner's alleged shoulder injury or any other condition.
Despite maintaining their respective positions, the parties reached a stipulation to settle the issues and award compensation. The stipulation provided for a lump sum payment of $50,000.00, payable to petitioner, representing compensation for all damages available under the program.
Special Master Thomas L. Gowen adopted the stipulation and entered judgment accordingly on June 22, 2023.
Petitioner was represented by Jessica E. Choper of Britcher Leone and Sergio, LLC, and respondent was represented by Benjamin Patrick Warder of the Department of Justice.
The public decision does not describe the onset of symptoms, specific clinical details, or any medical experts.
Theory of causation
Petitioner Mariell Meacham alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine administered on October 11, 2019. Respondent denied causation. The parties reached a stipulation to settle the claim, with respondent agreeing to compensation despite denying causation. The stipulation provided for a lump sum award of $50,000.00 to petitioner for all damages. Special Master Thomas L. Gowen adopted the stipulation and entered judgment on June 22, 2023. Petitioner's counsel was Jessica E. Choper, and respondent's counsel was Benjamin Patrick Warder. The public decision does not detail the specific mechanism of injury, medical experts, or evidence presented, relying instead on the parties' agreement to resolve the case.
Source PDFs
USCOURTS-cofc-1_20-vv-01944