Cheryll Golden v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Cheryll Golden filed a petition for compensation under the National Vaccine Injury Compensation Program on February 27, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on November 7, 2016. Petitioner alleged the vaccine was administered in the United States and that she experienced residual effects of the injury for more than six months, with no prior award or settlement for this injury.

Respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials and differing positions, the parties filed a joint stipulation on March 23, 2020, agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.

Pursuant to the stipulation, Cheryll Golden was awarded a lump sum of $92,000.00, payable by check to the petitioner. This amount is intended to cover all items of damages available under the Vaccine Act.

The stipulation also addressed future proceedings for reasonable attorneys' fees and costs. The petitioner, on behalf of herself and her heirs, irrevocably released the United States and the Secretary of Health and Human Services from all claims related to the alleged injury from the November 7, 2016, flu vaccination.

The decision was made by Chief Special Master Brian H. Corcoran.

Petitioner was represented by Shealene Priscilla Mancuso of Muller Brazil, LLP, and respondent was represented by Jennifer Leigh Reynaud of the U.S. Department of Justice.