Mary Alsup v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Filed 2021-01-12Decided 2024-01-03Vaccine Influenza
compensated$45,000

Case summary [AI summaries can sometimes make mistakes]

Mary Alsup filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination received on October 10, 2019, and that her symptoms persisted for longer than six months.

The respondent denied that the onset of Ms. Alsup's alleged SIRVA occurred within the timeframe specified in the Vaccine Injury Table, denied that the influenza vaccine caused her shoulder injury or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on November 30, 2023, agreeing to a settlement. Chief Special Master Brian H.

Corcoran adopted the stipulation as the court's decision. Pursuant to the stipulation, Ms.

Alsup was awarded a lump sum of $45,000.00, payable by check, as compensation for all damages. This award represents a negotiated settlement of liability and damages claimed under the Vaccine Act.

The decision was issued on January 3, 2024. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Mallori Browne Openchowski of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests, or treatments received.

Theory of causation

Petitioner Mary Alsup alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on October 10, 2019, with symptoms persisting for over six months. Respondent denied SIRVA onset within the Table timeframe, causation by the flu vaccine, and that current disabilities were a sequela of a vaccine-related injury. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding $45,000.00 as compensation for all damages. The decision was issued on January 3, 2024. The public text indicates the case falls under the "Table" category for SIRVA, but does not detail the specific mechanism, expert testimony, or clinical evidence considered, as the case was resolved via stipulation. Petitioner counsel was Leigh Finfer, and respondent counsel was Mallori Browne Openchowski.

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