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

Tonya DeCoursey filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on January 3, 2017. She stated the vaccine was administered in the United States, the injury had residual effects for more than six months, and she had no prior award or settlement for this condition.

Respondent denied that Ms. DeCoursey sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injuries or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury.

Despite these positions, the parties filed a joint stipulation agreeing that the case should be settled and compensation awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages.

Ms. DeCoursey was awarded a lump sum of $60,000.00, representing compensation for all items of damages available under the Vaccine Act.

The award was made pursuant to a stipulation that settled liability and damages, with the understanding that it was not an admission of causation by the respondent. The case proceeded as a Table claim, and the parties agreed to further proceedings for attorneys' fees and costs.