Judith Hatt v. HHS - Influenza, right shoulder injury related to vaccine administration (“SIRVA”) (2023)

Filed 2023-02-02Decided 2023-03-07Vaccine Influenza
compensated$112,500

Case summary [AI summaries can sometimes make mistakes]

Judith Hatt filed a petition on December 30, 2020, alleging that she suffered a right shoulder injury related to vaccine administration (SIRVA) and a neurological injury caused by an influenza vaccine she received on September 18, 2018. Petitioner stated she received the vaccine in the United States and suffered residual effects of her SIRVA more than six months post-vaccination.

She also stated that neither she nor any other person had filed a civil action or received compensation for her SIRVA. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder or neurological injuries, denied that the vaccine caused any other injury, and denied that Petitioner's current condition was a sequela of a vaccine-related injury.

Despite these denials, on February 2, 2023, the parties filed a joint stipulation agreeing to an award of compensation. Chief Special Master Brian H.

Corcoran found the stipulation reasonable and adopted it as his decision. He awarded Judith Hatt a lump sum of $112,500.00, payable to Petitioner, as compensation for all items of damages.

The decision was issued on March 7, 2023. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Sarah Black Rifkin of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses.

Theory of causation

Petitioner Judith Hatt alleged a right shoulder injury related to vaccine administration (SIRVA) and a neurological injury caused by an influenza vaccine received on September 18, 2018. Respondent denied a SIRVA Table injury and that the vaccine caused the alleged injuries. The parties filed a joint stipulation for compensation on February 2, 2023. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $112,500.00 as compensation for all damages. The decision was issued on March 7, 2023. The theory of causation was "Off-Table." The public decision does not detail the specific mechanism of injury, expert testimony, or the breakdown of the award beyond the lump sum.

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