Wendy Newton v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Wendy Newton filed a petition for vaccine compensation on November 7, 2024, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 3, 2020. Petitioner stated the vaccine was administered in the United States, she experienced residual effects for more than six months, and had not filed a civil action or received other compensation.
Respondent denied that Ms. Newton sustained a SIRVA Table injury or that the vaccine caused her condition.
Despite these positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. Chief Special Master Brian H.
Corcoran adopted the stipulation, awarding Ms. Newton a lump sum of $50,000.00.
This amount represents compensation for all damages available under the Vaccine Act. The decision was issued on December 9, 2024.
Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.
Theory of causation
Petitioner Wendy Newton alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 3, 2020. The injury was alleged to be a Table injury with residual effects lasting more than six months. Respondent denied the SIRVA Table injury and that the vaccine caused the condition. The parties filed a joint stipulation to settle the case, with Respondent denying liability but agreeing to compensation. Chief Special Master Brian H. Corcoran adopted the stipulation. The award was a lump sum of $50,000.00, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation was filed on November 7, 2024, and the decision was issued on December 9, 2024. Petitioner's counsel was Ronald Craig Homer, and Respondent's counsel was Sarah Christina Duncan. The specific mechanism of injury and expert testimony are not described in the public decision, as the case was resolved by stipulation.
Source PDFs
USCOURTS-cofc-1_23-vv-00271