Virginia Crimmings v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Virginia Crimmings filed a petition for compensation under the National Vaccine Injury Compensation Program on January 12, 2021. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 16, 2019.
Ms. Crimmings stated that the vaccine was administered in the United States, that she experienced residual effects of her condition for more than six months, and that she had not received a prior award or settlement for this condition.
The respondent, the Secretary of Health and Human Services, denied that Ms. Crimmings sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury, and denied that the flu vaccine caused any other injury or her current condition.
Despite these denials, the parties filed a joint stipulation on June 6, 2023, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation, awarding Virginia Crimmings $50,500.00 as compensation for all damages. This award represents a settlement of liability and damages, and the parties released the United States from further claims related to this vaccination.
Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Martin Conway Galvin of the U.S. Department of Justice.
Theory of causation
Petitioner Virginia Crimmings alleged a left shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on November 16, 2019. The respondent denied that the flu vaccine caused the alleged SIRVA or any other injury. The parties reached a joint stipulation to settle the case. The theory of causation is based on the Vaccine Injury Table (SIRVA). The Special Master adopted the stipulation, awarding $50,500.00 in a lump sum. The decision date was July 11, 2023. Petitioner was represented by Leigh Finfer, and respondent was represented by Martin Conway Galvin. The public decision does not describe the specific mechanism of injury, expert testimony, or detailed clinical facts beyond the allegation of SIRVA.
Source PDFs
USCOURTS-cofc-1_21-vv-00706