Vivian Oliver v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Vivian Oliver filed a petition for compensation under the National Vaccine Injury Compensation Program on December 16, 2022. Ms.
Oliver alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 8, 2021. She claimed this was a defined Table injury and also a cause-in-fact injury, with residual effects lasting more than six months.
The petition stated that the vaccine was administered within the United States, that she suffered residual effects for more than six months, and that no civil action had been filed or compensation received for the alleged injury. The respondent, the Secretary of Health and Human Services, denied that Ms.
Oliver 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 differing positions, the parties filed a joint stipulation on June 25, 2024, agreeing that a decision should be entered awarding compensation.
Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.
Pursuant to the stipulation, Ms. Oliver was awarded a lump sum of $30,000.00, payable to her, representing compensation for all items of damages.
This award represents a settlement of liability and damages claimed under the National Childhood Vaccine Injury Act. Petitioner was represented by Jeffrey S.
Pop of Jeffrey S. Pop & Associates, and respondent was represented by Ryan Pohlman Miller of the U.S.
Department of Justice. The decision was issued on July 26, 2024.
Theory of causation
Petitioner Vivian Oliver alleged a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 8, 2021. She claimed this was a defined Table injury and also a cause-in-fact injury with residual effects lasting more than six months. Respondent denied the Table injury and causation. The parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H. Corcoran adopted the stipulation. Petitioner was awarded $30,000.00 as a lump sum for all damages. The stipulation was dated June 25, 2024, and the decision was issued on July 26, 2024. Petitioner's counsel was Jeffrey S. Pop, and respondent's counsel was Ryan Pohlman Miller.