Beth Guest v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Beth Guest filed a petition for compensation on January 6, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on August 21, 2020. Petitioner alleged that the SIRVA occurred within the time period set forth in the Vaccine Injury Table and that she experienced residual effects 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 was a sequela of a vaccine-related injury. The parties filed a joint stipulation on August 21, 2024, agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.
Pursuant to the stipulation, Beth Guest was awarded a lump sum of $60,000.00, payable by check to Petitioner, for all items of damages available under Section 15(a) of the Vaccine Act. The decision was made public on September 24, 2024.
Petitioner was represented by Bridget C. McCullough of Muller Brazil, LLP, and Respondent was represented by Camille M.
Collett 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 Beth Guest received an influenza vaccine on August 21, 2020. She alleged a shoulder injury related to vaccine administration (SIRVA) that occurred within the Table timeframe and had residual effects for over six months. Respondent denied a SIRVA Table injury and denied 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 $60,000.00 for all damages. The stipulation does not detail the specific mechanism of injury or name any experts. Petitioner was represented by Bridget C. McCullough of Muller Brazil, LLP, and Respondent was represented by Camille M. Collett of the U.S. Department of Justice. The decision date was September 24, 2024.
Source PDFs
USCOURTS-cofc-1_21-vv-00143