Karen Chadduck v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Karen Chadduck filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her influenza vaccination on October 21, 2019.
The petition stated that her condition had residual effects 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 flu vaccine caused her alleged shoulder injury or any other injury or significantly aggravated a preexisting injury, and denied that her current condition is a sequela of a vaccine-related injury.
Despite these denials, on August 10, 2023, the parties filed a joint stipulation agreeing to an award of compensation. Special Master Daniel T.
Horner reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, Karen Chadduck was awarded a lump sum of $5,000.00, payable by check to the petitioner, as compensation for all items of damages.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by Glen Howard Sturtevant, Jr. of Rawls Law Group, and respondent was represented by Andrew Henning of the U.S.
Department of Justice.
Theory of causation
Petitioner Karen Chadduck alleged a shoulder injury related to vaccine administration (SIRVA) following an October 21, 2019, influenza vaccination. The respondent denied a SIRVA Table injury and causation. The parties reached a joint stipulation for compensation. The Special Master adopted the stipulation, awarding $5,000.00. The public decision does not specify the mechanism of injury, expert testimony, or detailed medical evidence supporting the SIRVA claim, but indicates the case was resolved via stipulation, implying an agreement on the elements of a Table injury or a compromise on causation. The award was a lump sum of $5,000.00. Special Master Daniel T. Horner issued the decision on August 10, 2023. Petitioner counsel was Glen Howard Sturtevant, Jr., and respondent counsel was Andrew Henning.
Source PDFs
USCOURTS-cofc-1_21-vv-00528