Martha Shackelford v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)
Case summary [AI summaries can sometimes make mistakes]
Martha Shackelford filed a petition on June 26, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of receiving an influenza vaccination on August 26, 2015.
The respondent denied that the flu vaccine caused her alleged SIRVA or any other injury. Despite maintaining their positions, both parties agreed to settle the issues and enter a decision awarding Petitioner compensation.
The stipulation awarded Martha Shackelford a lump sum of $32,500, representing compensation for all damages available under the program. Special Master Katherine E.
Oler reviewed the file and found the stipulation to be reasonable, adopting it as the decision in awarding damages. The public decision does not describe the specific onset of symptoms, medical examinations, or treatments.
Petitioner was represented by Bruce Slane of The Law Office of Bruce W. Slane, P.C., and the respondent was represented by Colleen Hartley of the U.S.
Department of Justice.
Theory of causation
Petitioner Martha Shackelford alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on August 26, 2015. Respondent denied causation. The parties entered into a stipulation to settle the case, agreeing to an award of compensation. The Special Master adopted the stipulation. The award was a lump sum of $32,500. The theory of causation was based on the Vaccine Injury Table (SIRVA). No specific medical experts or detailed clinical information regarding the mechanism of injury were described in the public decision. The decision was issued by Special Master Katherine E. Oler on October 22, 2019. Petitioner's counsel was Bruce Slane, and Respondent's counsel was Colleen Hartley.
Source PDFs
USCOURTS-cofc-1_16-vv-01509