Sandra Blevins v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Sandra Blevins filed a petition on August 28, 2017, alleging that the influenza vaccine she received on December 13, 2014, caused her to sustain a Shoulder Injury Related to Vaccine Administration (SIRVA) that lasted more than six months. The respondent denied that Ms.

Blevins sustained a Table SIRVA injury or that the vaccine caused or significantly aggravated her alleged injury or any other injury, and denied that her current disabilities were the result of a vaccine-related injury. Despite these denials, the parties reached a stipulation for settlement.

Special Master Herbrina Sanders adopted the stipulation, awarding Ms. Blevins $32,500.00 as compensation for all damages.

The decision was entered on December 4, 2020. Petitioner was represented by Robert J.

Krakow, and Respondent was represented by Darryl R. Wishard.

The award was a lump sum of $32,500.00, payable to Petitioner, representing compensation for all damages available under 42 U.S.C. § 300aa-15(a). The stipulation also noted that attorneys' fees and costs would be sought in further proceedings.

The parties agreed that the stipulation represented a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and that it was not an admission by the United States or the Secretary of Health and Human Services that petitioner sustained a Table injury or that the vaccine caused or aggravated her alleged injury.