Diana Darken v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2015)

Diana Darken filed a petition on September 24, 2014, alleging that her influenza vaccination on October 23, 2013, caused a shoulder injury related to vaccine administration (SIRVA). She further alleged that the residual effects of this injury lasted for more than six months.

The respondent denied that the flu vaccine caused petitioner's SIRVA or any other injury. The parties reached a stipulation on damages, agreeing to settle the case.

As part of the settlement, the respondent agreed to pay petitioner a lump sum of $95,000.00 as compensation for all damages. This decision was issued by Chief Special Master Denise Kathryn Vowell.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The public decision also does not name any medical experts for either party or detail the specific mechanism of injury.

The case was processed under the Special Processing Unit (SPU). In a separate decision on attorney fees and costs, Chief Special Master Vowell awarded a total of $12,700.00.

This award was structured as a lump sum check jointly payable to petitioner Diana Darken and her attorney, Andrew D. Downing and Hennelly & Steadman, PLC, in the amount of $2,100.00.

An additional lump sum check was made payable to petitioner Diana Darken and her attorney, Andrew D. Downing, and Van Cott & Talamante, PLLC, in the amount of $10,600.00.

Petitioner was represented by Andrew Downing, Esq., of Van Cott & Talamante, PLLC, and respondent was represented by Debra Begley, Esq., of the US Department of Justice.