Becky Cary-Hill v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
On January 4, 2021, Becky Cary-Hill filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 10, 2019. Petitioner stated that the vaccine was administered in the United States and that she experienced residual effects of her condition for more than six months.
Respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition is a sequela of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation on May 18, 2023, agreeing to settle the case.
Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.
Pursuant to the stipulation, Chief Special Master Corcoran awarded Becky Cary-Hill a lump sum of $24,500.00, payable by check to Petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. This decision represents a settlement of liability and damages.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP.
Respondent was represented by Sarah Black Rifkin of the U.S. Department of Justice.
Theory of causation
Petitioner Becky Cary-Hill alleged a left shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 10, 2019. The petition alleged the vaccine was administered in the United States and that residual effects lasted more than six months. Respondent denied a Table injury, causation, and sequela. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $24,500.00 for all damages. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. Petitioner was represented by Maximillian J. Muller, and Respondent by Sarah Black Rifkin. The decision date was June 21, 2023.
Source PDFs
USCOURTS-cofc-1_21-vv-00005