Lauren Blinder v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Filed 2023-03-13Decided 2024-08-08Vaccine Influenza
compensated$45,000

Case summary [AI summaries can sometimes make mistakes]

Lauren Blinder filed a petition on March 13, 2023, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she received an influenza vaccine on October 10, 2020, and subsequently suffered a Shoulder Injury Related to Vaccine Administration (SIRVA), which is a "Table injury." Petitioner claimed the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Petitioner's alleged left shoulder injury or any other injury, and denied that Petitioner sustained a SIRVA Table injury. Despite these opposing positions, the parties reached a joint stipulation to settle the case.

Chief Special Master Brian H. Corcoran reviewed the stipulation and adopted it as the decision of the court.

As per the stipulation, Lauren Blinder was awarded a lump sum of $45,000.00, payable by check to Petitioner, as compensation for all damages. This award represents a compromise of the parties' respective positions on liability and damages.

The stipulation also outlines the process for awarding reasonable attorneys' fees and costs, which will be addressed in further proceedings after judgment entry. Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and Respondent was represented by Kimberly Shubert Davey of the U.S.

Department of Justice. The decision was issued on August 8, 2024.

Theory of causation

Petitioner Lauren Blinder alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on October 10, 2020. SIRVA is listed as a "Table injury" under the National Vaccine Injury Compensation Program. Petitioner claimed the vaccine was administered in the United States and that she suffered residual effects for more than six months. Respondent denied that the flu vaccine caused Petitioner's alleged injury. The parties entered into a joint stipulation to settle the case, agreeing to an award of $45,000.00. Chief Special Master Brian H. Corcoran adopted the stipulation as the decision, awarding the lump sum for all damages. The stipulation does not detail specific medical experts, clinical findings, onset, symptoms, treatments, or a precise mechanism of injury beyond the "Table injury" classification. The award represents a compromise of liability and damages. Petitioner was represented by Ronald Craig Homer, and Respondent by Kimberly Shubert Davey. The decision date was August 8, 2024.

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