Simrat Suri v. HHS - Influenza, tendinopathy; Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2017)

Simrat Suri filed a petition for compensation under the National Vaccine Injury Compensation Program on November 6, 2015, alleging that she suffered tendinopathy caused by the influenza vaccine she received on October 8, 2014. The petition stated that the vaccine was administered in the United States, that she suffered residual effects of her injury for more than six months, and that she had not previously received compensation for a vaccine-caused injury.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged Shoulder Injury Related to Vaccine Administration (SIRVA) or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury. Despite the denial, on March 23, 2017, both parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the court's decision. The stipulation outlined an award of $101,810.75.

This amount was to be paid as a lump sum of $97,000.00 directly to the petitioner and $4,810.75 to reimburse a Medicaid lien, payable jointly to the petitioner and the New York State Department of Health. The petitioner agreed to endorse the check for the Medicaid lien reimbursement to the State of New York.

This total award was intended to compensate for all items of damages available under the Vaccine Act. The decision was issued on October 25, 2017.

Petitioner's counsel was Paul Brazil of Muller Brazil, LLP, and respondent's counsel was Mallori Openchowski of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the specific mechanism of injury. The specific theory of causation is not detailed in the public decision, other than it being related to the influenza vaccine and SIRVA.