Pamela Colby v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)
Case summary [AI summaries can sometimes make mistakes]
Pamela Colby filed a petition for compensation on December 30, 2020, alleging she sustained a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 6, 2019. Petitioner claimed the injury was a Table injury and that she experienced residual effects for more than six months.
The respondent denied that the flu vaccine caused her injury or that it constituted a SIRVA Table injury. Despite the denial, the parties filed a joint stipulation on December 1, 2022, agreeing to an award of compensation.
Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as the decision.
The decision awarded Pamela Colby a lump sum of $137,426.57, representing compensation for all items of damages available under the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Pamela Colby received an influenza vaccine on January 6, 2019. She alleged a left shoulder injury related to vaccine administration (SIRVA) that was a Table injury and resulted in residual effects for more than six months. Respondent denied causation and that the injury was a SIRVA Table injury. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation resulted in an award of $137,426.57. The public text indicates the theory of causation was based on the Vaccine Injury Table (SIRVA), but does not detail the specific mechanism, expert testimony, or evidence presented by either party. Attorneys for Petitioner were Jeffrey S. Pop and for Respondent was Terrence Kevin Mangan, Jr. The decision date was December 1, 2022.
Source PDFs
USCOURTS-cofc-1_20-vv-02068