Margaret McSorley v. HHS - Influenza, Systemic Lupus Erythematosus (“SLE”) (2018)

Margaret McSorley filed a petition for vaccine compensation on September 29, 2014, alleging that the influenza vaccine she received on or about October 10, 2011, caused her to develop Systemic Lupus Erythematosus (SLE). The influenza vaccine is listed in the Vaccine Injury Table.

Ms. McSorley further alleged that she experienced residual effects of this injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the vaccine caused her condition. The parties, represented by Ronald C.

Homer for the petitioner and Lara A. Englund for the respondent, reached a joint stipulation to settle the case.

Special Master Christian J. Moran reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

The decision awarded Margaret McSorley a lump sum payment of $115,000.00, payable by check to the petitioner, as compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation stated that this payment represents a compromise of the parties' respective positions on liability and/or damages.

The decision was entered on April 2, 2018. The public decision does not describe the specific onset of symptoms, medical tests, or treatments.

The stipulation also noted that the parties would submit to further proceedings for reasonable attorneys' fees and costs.