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

Sharon Orange filed a petition for compensation under the National Vaccine Injury Compensation Program on November 13, 2017, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on December 12, 2016. She further alleged that her injury lasted more than six months.

The respondent denied that petitioner sustained a Table SIRVA injury and denied that the influenza vaccine caused her shoulder injury or any other injury. Despite these differing positions, the parties filed a joint stipulation on September 5, 2019, agreeing to a settlement.

Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Pursuant to the stipulation, a lump sum of $45,737.52 was awarded to Sharon Orange, payable to her, as compensation for all items of damages available under 42 U.S.C. § 15(a).

The decision notes that the stipulation does not constitute an admission of causation by the respondent. The parties also agreed to further proceedings for reasonable attorneys' fees and costs.

The decision was posted on the Court of Federal Claims website, with petitioner having 14 days to identify information for redaction. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent was represented by Robert Paul Coleman, III of the U.S.

Department of Justice.