Cynthia Peterson v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Cynthia Peterson filed a petition for compensation under the National Vaccine Injury Compensation Program on May 4, 2018, alleging that an influenza vaccine she received on November 11, 2016, caused her to develop a right shoulder injury related to vaccine administration (SIRVA). The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms.

Peterson was entitled to compensation. The respondent concluded that Ms.

Peterson suffered a Table SIRVA injury and that her symptoms lasted for more than six months, meeting the statutory requirements for compensation. Based on the respondent's concession and the evidence of record, Chief Special Master Brian H.

Corcoran found Ms. Peterson entitled to compensation in a ruling dated February 13, 2020.

Subsequently, on February 23, 2021, the parties filed a joint stipulation on damages. The stipulation stated that there was no preponderance of evidence demonstrating that Ms.

Peterson's injury was due to a factor unrelated to vaccination and that she was entitled to compensation for her SIRVA Table injury. Chief Special Master Corcoran adopted the stipulation as his decision, awarding Ms.

Peterson a lump sum of $185,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and respondent was represented by Jeffrey T. Sprague and later Zoe Wade of the U.S.

Department of Justice.