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

On April 20, 2015, Danielle Sutley filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine administered on October 11, 2013, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). Ms.

Sutley, a 39-year-old registered nurse, presented to an orthopedist approximately three weeks after vaccination with complaints of left shoulder pain. Medical evaluations revealed tendinopathy, labral tears, bursitis, and impingement syndrome.

She underwent arthroscopic surgery and physical therapy, but continued to experience pain and weakness. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms.

Sutley's injury was consistent with a SIRVA and was caused-in-fact by the vaccination, satisfying the Althen requirements. The public decision does not describe the specific mechanism of injury or name any medical experts.

The case proceeded as an off-Table claim, and entitlement was granted by Chief Special Master Denise Kathryn Vowell on June 22, 2015. The parties stipulated to an award of $100,000.00 for all damages, to be paid as a lump sum.

Subsequently, on September 28, 2015, the parties filed a stipulation for attorneys' fees and costs. Chief Special Master Nora Beth Dorsey issued a decision on September 29, 2015, awarding $10,800.26 in attorneys' fees and costs, to be paid as a lump sum jointly to Ms.

Sutley and her counsel, David J. Schexnaydre.

The total compensation awarded was $110,800.26.