Abraham Scott v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Abraham Scott filed a petition for compensation under the National Vaccine Injury Compensation Program on February 8, 2021. He alleged that he suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 21, 2019, and that his symptoms lasted for more than six months.
The respondent, the Secretary of Health and Human Services, denied that Mr. Scott sustained a shoulder injury as defined in the Vaccine Injury Table, denied that the vaccine caused his alleged shoulder injury or any other injury, and denied that his current condition is a sequela of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation on March 14, 2023, agreeing that compensation should be awarded. Chief Special Master Brian H.
Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Pursuant to the stipulation, Mr.
Scott was awarded a lump sum of $30,000.00, payable to Petitioner, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on April 13, 2023.
Petitioner's counsel was Matthew F. Belanger of Faraci Lange, LLP, and respondent's counsel was Julia Marter Collison of the U.S.
Department of Justice.
Theory of causation
Petitioner Abraham Scott alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 21, 2019, with symptoms lasting over six months. Respondent denied the injury was vaccine-related. The parties filed a joint stipulation for compensation, which Chief Special Master Brian H. Corcoran found reasonable and adopted as the decision. Mr. Scott was awarded $30,000.00 as a lump sum. The specific theory of causation, medical experts, clinical details, and mechanism of injury were not described in the public decision, as the case was resolved via stipulation. The decision date was April 13, 2023. Attorneys were Matthew F. Belanger for Petitioner and Julia Marter Collison for Respondent.
Source PDFs
USCOURTS-cofc-1_21-vv-00892