Anya Wallach v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Filed 2021-01-06Decided 2024-07-16Vaccine Influenza
compensated$20,000

Case summary [AI summaries can sometimes make mistakes]

Anya Wallach filed a petition for compensation under the National Vaccine Injury Compensation Program on January 6, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 18, 2019. Petitioner alleged that the vaccine was administered in the United States, that she experienced residual effects of her condition for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf.

The respondent denied that Petitioner sustained a Table SIRVA injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these differing positions, the parties filed a joint stipulation on June 13, 2024, agreeing to settle the case and award compensation.

Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.

Pursuant to the stipulation, Anya Wallach was awarded a lump sum of $20,000.00, payable by check to Petitioner, representing compensation for all items of damages. This amount represents a compromise of the parties' respective positions on liability and damages.

The stipulation also addresses future proceedings for attorneys' fees and costs. The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or expert witnesses.

Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent was represented by Mary Novakovic of the U.S. Department of Justice.

Theory of causation

Petitioner Anya Wallach alleged a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 18, 2019. The injury was alleged to be a Table injury under the Vaccine Injury Table. Respondent denied that Petitioner sustained a Table SIRVA injury or that the vaccine caused her injury. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $20,000.00 for all items of damages. The public text does not detail the specific mechanism of injury, expert testimony, or the clinical progression of the condition. The award represents a compromise of the parties' positions. Petitioner was represented by John Robert Howie, and Respondent was represented by Mary Novakovic. The decision date was July 16, 2024.

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