Margaret Carter v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Margaret Carter filed a petition for vaccine compensation on September 26, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 13, 2022. Petitioner alleged that the SIRVA was a Table injury and that she experienced residual effects for more than six months.
Respondent denied that the injury was a Table SIRVA within the specified timeframe and denied that the flu vaccine caused or aggravated her condition. Despite these denials, the parties filed a joint stipulation agreeing to settle the case.
Chief Special Master Brian H. Corcoran adopted the stipulation as the decision.
Pursuant to the stipulation, Margaret Carter was awarded a lump sum of $50,000.00 in the form of a check payable to Petitioner as compensation for all damages available under the Vaccine Act. This award represents a negotiated settlement of liability and damages.
Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Ryan Daniel Pyles of the U.S.
Department of Justice. The decision was issued on October 30, 2024.
Theory of causation
Petitioner Margaret Carter alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine on October 13, 2022. Petitioner claimed SIRVA was a Table injury with residual effects lasting over six months. Respondent denied the injury was a Table SIRVA within the specified timeframe and denied causation or significant aggravation by the flu vaccine. The parties reached a joint stipulation to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding Petitioner $50,000.00 as a lump sum. The public decision does not detail the specific mechanism of injury, expert testimony, or clinical findings. The award represents a negotiated settlement of liability and damages. Petitioner was represented by Muller Brazil, LLP, and Respondent by the U.S. Department of Justice. The decision date was October 30, 2024.