Patricia Groth v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Patricia Groth filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021. She alleged that she received an influenza vaccination on or about November 27, 2019, and subsequently suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting more than six months.
The respondent denied that the alleged SIRVA onset occurred within the timeframe specified by the Vaccine Injury Table, denied that the influenza vaccine caused the alleged shoulder injury or any other injury, and denied that Ms. Groth's current disabilities were a sequela of a vaccine-related injury.
Despite these denials, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court. Pursuant to the stipulation, Ms.
Groth was awarded a lump sum of $27,260.00, payable by check, as compensation for all damages available under Section 15(a) of the Vaccine Act. This award represents a negotiated settlement of liability and damages.
The decision was issued on October 24, 2024. Petitioner was represented by the Law Offices of Leah V.
Durant, PLLC, and respondent was represented by the U.S. Department of Justice.
Theory of causation
Petitioner Patricia Groth alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on or about November 27, 2019, with residual effects lasting over six months. Respondent denied that the SIRVA onset occurred within the Vaccine Injury Table timeframe and denied that the flu vaccine caused the injury or its sequelae. The parties entered into a joint stipulation for settlement. The case was decided by Chief Special Master Brian H. Corcoran on October 24, 2024. The stipulation resulted in an award of $27,260.00 as compensation for all damages under 42 U.S.C. § 300aa-15(a). The theory of causation was based on the "Table" category for SIRVA, although respondent contested the timing of onset and causation. The public decision does not detail specific medical experts, clinical findings, onset symptoms, diagnostic tests, or treatment related to the alleged injury, nor does it describe the specific mechanism of injury beyond the general category of SIRVA. Petitioner was represented by the Law Offices of Leah V. Durant, PLLC, and respondent was represented by the U.S. Department of Justice.
Source PDFs
USCOURTS-cofc-1_21-vv-00189