Julie Hart v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Julie Hart filed a petition on January 5, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine in her left shoulder, and that the injury lasted for more than six months.
The respondent denied that the flu vaccine caused her injury or that she sustained a SIRVA Table injury. Despite the respondent's denial, the parties filed a joint stipulation on May 16, 2023, agreeing to an award of compensation.
Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the court's decision.
As a result, Julie Hart was awarded a lump sum of $41,773.94, payable by check to Petitioner, as compensation for all damages available under Section 15(a) of the Vaccine Act. The public decision does not describe the specific onset of symptoms, medical examinations, treatments, or expert witnesses.
Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Jamica Marie Littles of the U.S. Department of Justice.
Theory of causation
Petitioner Julie Hart filed a petition on January 5, 2021, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine in her left shoulder, with the injury lasting over six months. Respondent denied causation and a SIRVA Table injury. The parties filed a joint stipulation on May 16, 2023, agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $41,773.94 as a lump sum for all damages under Section 15(a). The theory of causation was based on the "Table" for SIRVA. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. Attorneys for Petitioner were John Robert Howie and for Respondent was Jamica Marie Littles. The decision date was May 16, 2023.
Source PDFs
USCOURTS-cofc-1_21-vv-00090