Deborah Shears v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Deborah Shears filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2021. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine in her left arm on September 29, 2020.
Ms. Shears further alleged that she experienced residual effects of this condition for more than six months.
The respondent denied that Ms. Shears sustained a SIRVA Table injury, denied that the flu 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 differing positions, the parties filed a joint stipulation on September 19, 2023, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation, awarding Ms. Shears a lump sum of $70,000.00 as compensation for all damages available under the program.
This amount represents a negotiated settlement of liability and damages. Petitioner was represented by Bridget Candace McCullough of Muller Brazil, LLP, and respondent was represented by James Vincent Lopez of the U.S.
Department of Justice.
Theory of causation
Petitioner Deborah Shears received an influenza vaccine on September 29, 2020, and alleged a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, with residual effects lasting more than six months. Respondent denied a SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $70,000.00. The stipulation states that the award represents a compromise of the parties' respective positions as to liability and/or amount of damages and is not an admission by the respondent that the vaccine caused the alleged injury. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical findings. Petitioner was represented by Bridget Candace McCullough, and respondent was represented by James Vincent Lopez.
Source PDFs
USCOURTS-cofc-1_21-vv-00548