Glenna McIntyre v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Glenna McIntyre filed a petition for compensation under the National Vaccine Injury Compensation Program on June 21, 2022. She alleged that on or about November 5, 2020, she received an influenza vaccine, which is listed on the Vaccine Injury Table.
Ms. McIntyre claimed she sustained a shoulder injury related to vaccine administration (SIRVA) within the time period specified by the Table and experienced residual effects for more than six months.
The respondent, the Secretary of Health and Human Services, denied that Ms. McIntyre sustained a SIRVA Table injury, that the vaccine caused her alleged shoulder injury or any other injury, and that her current condition was a sequela of a vaccine-related injury.
Despite these denials, the parties filed a joint stipulation on January 19, 2024, agreeing to settle the case. Chief Special Master Brian H.
Corcoran adopted the stipulation as his decision. He awarded Ms.
McIntyre a lump sum of $17,500.00, payable to her, as compensation for all items of damages. This award represents a settlement of liability and damages, and the United States did not admit that the flu vaccine caused Ms.
McIntyre's injury. The decision was issued on February 29, 2024.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Madelyn Weeks of the U.S.
Department of Justice. The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments.
The stipulation indicates that attorneys' fees and costs would be sought in further proceedings.
Theory of causation
Petitioner Glenna McIntyre filed a petition on June 21, 2022, alleging a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on November 5, 2020. The injury was alleged to be a Table injury with residual effects lasting more than six months. Respondent denied the Table injury and causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $17,500.00 for all damages. The stipulation stated that the award may reflect a compromise of liability and damages, and it explicitly stated that it was not an admission by the United States that the vaccine caused the alleged injury or that petitioner suffered a Table injury. The theory of causation is based on the Vaccine Injury Table listing for SIRVA. No specific medical experts or detailed clinical information regarding the mechanism of injury were presented in the public decision. Petitioner was represented by Muller Brazil, LLP, and respondent by the U.S. Department of Justice. The decision date was February 29, 2024.
Source PDFs
USCOURTS-cofc-1_22-vv-00692