Xania Murray v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Xania Murray filed a petition for compensation under the National Vaccine Injury Compensation Program on August 30, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on November 5, 2020. Petitioner alleged the vaccination occurred in the United States and that her symptoms persisted for more than six months.
Petitioner also stated she had not received prior compensation and had not filed a civil suit. The respondent denied that Ms.
Murray sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation agreeing to a settlement.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision.
The decision awarded Ms. Murray a lump sum of $72,000.00, payable to Petitioner, representing compensation for all items of damages.
This award was a compromise of the parties' respective positions on liability and damages. Petitioner was represented by John Robert Howie of Howie Law, PC.
Respondent was represented by Naseem Kourosh of the U.S. Department of Justice.
The decision was issued on October 2, 2023.
Theory of causation
Petitioner Xania Murray received an influenza vaccine on November 5, 2020. She alleged a shoulder injury related to vaccine administration (SIRVA) as a Table injury, with residual effects lasting more than six months. Respondent denied a Table injury, causation, and sequela. The parties reached a joint stipulation for settlement. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $72,000.00 as full compensation for all damages. The public decision does not describe the specific mechanism of injury, onset, symptoms, diagnostic tests, or treatments. Petitioner was represented by John Robert Howie of Howie Law, PC, and Respondent by Naseem Kourosh of the U.S. Department of Justice. The decision date was October 2, 2023.
Source PDFs
USCOURTS-cofc-1_22-vv-00398