Heather Harvard v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2020)

Heather Harvard filed a petition for compensation under the National Vaccine Injury Compensation Program on July 31, 2018, alleging she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on August 10, 2015. The respondent filed a Rule 4(c) report on May 28, 2019, conceding that petitioner's alleged injury was consistent with SIRVA of the left arm, met the requirements of a Table injury claim for SIRVA stemming from the flu vaccination, and that no other cause was identified for the injury.

The respondent further agreed that petitioner suffered sequelae of the injury for more than six months and satisfied all legal prerequisites for compensation under the Vaccine Act. Based on the respondent's concession, Chief Special Master Nora Beth Dorsey ruled that petitioner was entitled to compensation.

Subsequently, on April 21, 2020, the parties filed a joint stipulation for damages. In this stipulation, the respondent stated there was not a preponderance of evidence demonstrating that petitioner's SIRVA was due to a factor unrelated to her immunization and that petitioner was entitled to compensation for her SIRVA.

However, the respondent denied that the flu vaccine caused any other injury, including Complex Regional Pain Syndrome. Chief Special Master Brian H.

Corcoran adopted the stipulation as his decision. He awarded Heather Harvard a total of $109,582.59, consisting of a lump sum of $105,000.00 for past and future pain and suffering and $4,586.59 for unreimbursed expenses.

The decision was entered on May 22, 2020. Petitioner was represented by Jeffrey Gordon of Maney & Gordon, P.A., and respondent was represented by Darryl R.

Wishard of the U.S. Department of Justice.