Patricia Howard v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Patricia Howard filed a petition for compensation under the National Vaccine Injury Compensation Program on January 5, 2021. She alleged that she received an influenza vaccination on October 24, 2019, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA), which is a condition listed in the Vaccine Injury Table.
Ms. Howard further alleged that the vaccine was administered in the United States, that she experienced residual effects of the injury for more than six months, and that she had not received a prior award or settlement for this injury.
The respondent, the Secretary of Health and Human Services, denied that Ms. Howard sustained a SIRVA Table injury, denied that the vaccine caused her alleged SIRVA, and denied that the flu vaccine caused any other injury or her current condition.
Despite these denials, the parties filed a joint stipulation for compensation on March 18, 2024. Chief Special Master Brian H.
Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision of the court. Ms.
Howard was awarded a lump sum of $36,000.00, payable by check to the Petitioner, as compensation for all eligible damages. The decision was filed on April 23, 2024.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Madelyn Weeks of the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.
Theory of causation
Petitioner Patricia Howard alleged a Table injury, specifically a shoulder injury related to vaccine administration (SIRVA), following an influenza vaccination on October 24, 2019. The respondent denied the alleged SIRVA Table injury and causation. 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 $36,000.00. The public text does not detail the specific mechanism of injury, expert testimony, or the evidence considered beyond the stipulation. The attorneys involved were Ronald Craig Homer for the Petitioner and Madelyn Weeks for the Respondent. The decision date was April 23, 2024, with the petition filed on January 5, 2021.
Source PDFs
USCOURTS-cofc-1_21-vv-00050