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

Filed 2021-01-07Decided 2024-01-19Vaccine Influenza
compensated$45,000

Case summary [AI summaries can sometimes make mistakes]

Debra Rhoades filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her influenza vaccination on October 11, 2019.

Ms. Rhoades further alleged that she experienced residual effects of her condition for more than six months, that there had been no prior award or settlement of a civil action for damages, and that her vaccine was administered in the United States.

The 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. Nevertheless, on January 19, 2024, the parties filed a joint stipulation for compensation.

Special Master Daniel T. Horner found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Ms. Rhoades was awarded a lump sum of $45,000.00, payable by check to the petitioner, as compensation for all items of damages.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Sarah Black Rifkin of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or any expert witnesses.

Theory of causation

Petitioner Debra Rhoades alleged a shoulder injury related to vaccine administration (SIRVA) following an October 11, 2019, influenza vaccination. Respondent denied a SIRVA Table injury or that the vaccine caused the alleged injury. The parties filed a joint stipulation for compensation, which Special Master Daniel T. Horner adopted. The stipulation resulted in an award of $45,000.00. The public decision does not detail the specific mechanism of injury, expert testimony, or the basis for the stipulation beyond the parties' agreement. Petitioner was represented by Leah VaSahnja Durant and respondent by Sarah Black Rifkin. The decision was issued on January 19, 2024.

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