Nickol Marta v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

On September 27, 2017, Nickol Marta filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 22, 2015.

Ms. Marta claimed that she experienced residual effects of this injury for more than six months and that no prior civil action for damages had been filed.

The respondent denied that the influenza immunization caused Ms. Marta's alleged SIRVA or any other injury.

On February 22, 2019, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Nora Beth Dorsey found the stipulation to be reasonable and adopted it as the decision of the court.

Pursuant to the stipulation, Ms. Marta was awarded a lump sum of $80,000.00, payable by check to the petitioner, as compensation for all items of damages.

The decision was issued on April 17, 2019. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent was represented by Ryan Daniel Pyles of the U.S. Department of Justice.