Victoria Thorn v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Victoria Thorn filed a petition on April 5, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on October 27, 2020.
The respondent denied that the SIRVA onset occurred within the timeframe specified by the Vaccine Injury Table, denied that the influenza vaccine caused the alleged shoulder injury or any other injury, and denied that Ms. Thorn's current disabilities were a sequela of a vaccine-related injury.
Despite these denials, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation as the decision. Ms.
Thorn was awarded a lump sum of $27,721.04, representing compensation for all damages available under Section 15(a) of the Vaccine Act. The case was settled as a Table claim for SIRVA.
Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC.
Respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice.
Theory of causation
Petitioner Victoria Thorn alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on October 27, 2020. Respondent denied that the SIRVA onset was within the Table timeframe, denied that the vaccine caused the injury, and denied that current disabilities were a sequela of a vaccine-related injury. The parties filed a joint stipulation agreeing to settle the case. The Chief Special Master adopted the stipulation, awarding Petitioner a lump sum of $27,721.04. The case was settled as a Table claim for SIRVA. Petitioner was represented by Leah VaSahnja Durant and Respondent by Mallori Browne Openchowski. Chief Special Master Brian H. Corcoran issued the decision on February 27, 2024, based on the stipulation filed January 25, 2024.