Deborah Whitt v. HHS - Influenza, left-sided shoulder injury related to vaccine administration (SIRVA) (2018)

Deborah Whitt filed a petition for compensation under the National Vaccine Injury Compensation Program on April 13, 2017. She alleged that she suffered a left-sided shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 10, 2015.

Ms. Whitt 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 flu immunization caused petitioner's alleged SIRVA or any other injury. Despite maintaining their respective positions, the parties filed a joint stipulation on September 19, 2018, agreeing that a decision should be entered awarding compensation.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Deborah Whitt was awarded a lump sum of $75,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act.

This settlement was based on a joint stipulation of liability and damages. Petitioner was represented by Matthew F.

Belanger of Faraci Lange, LLP, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.

The decision was issued on October 29, 2018.