Robbie Hartley v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Robbie Hartley filed a petition for compensation under the National Vaccine Injury Compensation Program on January 11, 2018, alleging a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 27, 2016. Ms.

Hartley claimed she experienced pain shortly after the vaccination and suffered residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms.

Hartley sustained a SIRVA Table injury or that her alleged left shoulder injuries and their residual effects were caused-in-fact by the flu vaccine. Despite these denials, the parties filed a joint stipulation on November 7, 2019, agreeing to settle the case and award compensation.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting its terms as his decision.

Ms. Hartley was awarded a lump sum of $110,000, payable by check, representing compensation for all damages, including pain and suffering and lost wages.

This award was made pursuant to the terms of the stipulation, which resolved the claim as a Table injury through a negotiated settlement of liability and damages. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.

The decision was issued on December 26, 2019.