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

Stephanie Walker filed a petition for compensation under the National Vaccine Injury Compensation Program on October 13, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccination received on October 10, 2015. The respondent, the Secretary of Health and Human Services, denied that Ms.

Walker sustained a SIRVA Table injury or that the vaccine caused her alleged injury, or any other injury. Nevertheless, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

Chief Special Master Nora Beth Dorsey issued a decision on November 12, 2019, adopting the stipulation. The decision awards Stephanie Walker a lump sum of $88,000.00 for all items of damages, payable to petitioner.

Additionally, a lump sum of $51.88 is awarded to reimburse a Medicaid lien, payable jointly to petitioner and the MO HealthNet Division of the Department of Social Services, with petitioner agreeing to endorse this payment to the State. The stipulation stated that the parties agreed to settle the issues between them and that a decision should be entered awarding the compensation described.

The petitioner, through her counsel John Robert Howie of Howie Law, PC, and the respondent, through counsel Jennifer Leigh Reynaud of the U.S. Department of Justice, agreed to the terms.

The stipulation also noted that the parties would submit to further proceedings for reasonable attorneys' fees and costs. Petitioner released the United States and the Secretary of Health and Human Services from all claims related to the vaccination, except for any award for attorney's fees and litigation costs, and past unreimbursable expenses.

The stipulation explicitly stated it was not an admission by the United States or the Secretary that the flu vaccine caused petitioner's alleged injury or any other injury, or that petitioner suffered an injury contained in the Vaccine Injury Table. The public decision does not describe the specific onset of symptoms, medical tests, or treatments Ms.

Walker received.