Karen Johnson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Karen Johnson filed a petition for compensation under the National Vaccine Injury Compensation Program on January 16, 2024, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 4, 2020. The influenza vaccine is listed on the Vaccine Injury Table.
Petitioner alleged that she sustained a SIRVA within the time period set forth in the Table, or alternatively, that her shoulder injury was caused by the vaccine, 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.
Despite these denials, the parties filed a joint stipulation on January 12, 2024, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation as the decision. Pursuant to the stipulation, Karen Johnson was awarded a lump sum of $40,000.00, payable by check, representing compensation for all items of damages.
This award was a settlement of liability and damages, and the parties agreed it should not be construed as an admission by the United States that the flu vaccine caused the alleged injury. Petitioner was represented by Jeffrey S.
Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Rachelle Bishop of the U.S.
Department of Justice. The decision was issued on February 15, 2024.
Theory of causation
Petitioner Karen Johnson received an influenza vaccine on September 4, 2020. She alleged a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, or alternatively, that the vaccine caused her shoulder injury, with residual effects lasting more than six months. Respondent denied a SIRVA Table injury, causation, and sequela. The parties filed a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner a lump sum of $40,000.00 for all damages. The stipulation stated that the award was a compromise of liability and damages and not an admission of causation by the United States. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts. Petitioner was represented by Jeffrey S. Pop, and Respondent by Rachelle Bishop. The decision was issued on February 15, 2024.
Source PDFs
USCOURTS-cofc-1_21-vv-00176