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

Margaret Mitchell filed a petition for vaccine compensation on June 22, 2018, alleging that the influenza vaccine she received on December 8, 2016, caused her to suffer a shoulder injury related to vaccine administration (SIRVA). The petition also alleged that she experienced residual effects of the injury for more than six months.

Respondent denied that the flu vaccine caused Petitioner's alleged SIRVA or any other injury. However, on January 29, 2020, the parties filed a joint stipulation for an award, agreeing to settle the issues between them.

Special Master Herbrina Sanders reviewed the stipulation and found it reasonable, adopting it as the decision of the Court. Petitioner was awarded a lump sum of $25,000.00, payable by check to Petitioner, as compensation for all damages, including pain and suffering, lost earnings, and past unreimbursable expenses.

The decision was entered on January 31, 2020. Petitioner was represented by Kathleen M.

Loucks of Lommen Abdo Law Firm, and Respondent was represented by Darryl R. Wishard of the United States Department of Justice.

The stipulation stated that it represented a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act of 1986, as amended, and was not an admission by the United States or the Secretary of Health and Human Services that the vaccination caused the injury.