Bridgette Melvin v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Bridgette Melvin filed a petition for compensation on April 4, 2022, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 17, 2020. The petition stated that the vaccine was administered in the United States, that she experienced residual effects of her injury for more than six months, and that there had been no prior award or settlement of a civil action for damages.
The respondent denied that petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused petitioner's alleged shoulder injury or any other injury or condition, and denied that petitioner's current condition was a sequela of a vaccine-related injury. Despite the respondent's denial, the parties filed a joint stipulation for compensation on June 1, 2023.
Chief Special Master Brian H. Corcoran found the stipulation reasonable and adopted it as his decision.
Pursuant to the stipulation, Bridgette Melvin was awarded a lump sum of $40,000.00, payable to Petitioner, to compensate for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on July 3, 2023.
The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, treatments, or expert witnesses. Petitioner was represented by William E.
Cochran, Jr., and respondent was represented by Felicia Langel.
Theory of causation
Petitioner Bridgette Melvin alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on September 17, 2020. Respondent denied the alleged injury and causation. The parties filed a joint stipulation for compensation, which was adopted by Chief Special Master Brian H. Corcoran. The stipulation indicated a "SIRVA Table injury." Petitioner was awarded $40,000.00 as a lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or the medical evidence considered beyond the stipulation. The attorneys involved were William E. Cochran, Jr. for Petitioner and Felicia Langel for Respondent. The decision date was July 3, 2023.
Source PDFs
USCOURTS-cofc-1_22-vv-00386