Gailmarie Hanna v. HHS - Influenza, right Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2022)

Gailmarie Hanna filed a petition for compensation under the National Vaccine Injury Compensation Program on September 21, 2018. She alleged that she sustained a right Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on October 21, 2017.

Ms. Hanna further alleged that she experienced residual effects of her condition for more than six months, that there had been no prior award or settlement of a civil action for damages related to her condition, and that the vaccine was administered in the United States.

The respondent, the Secretary of Health and Human Services, denied that Ms. Hanna sustained a Table SIRVA within the Table timeframe and denied that the flu vaccine caused her alleged shoulder injury and residual effects, or any other injury.

Despite these denials, the parties reached a joint stipulation for damages. Special Master Daniel T.

Horner reviewed the stipulation and found it reasonable. As a result, Special Master Horner awarded Gailmarie Hanna $35,000.00 in the form of a check payable to her.

This award represents compensation for all items of damages available under the Vaccine Act and serves as a settlement of liability and damages. The payment is for the benefit of the petitioner, and it releases the Secretary of Health and Human Services and the United States from further claims related to this vaccine administration.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC, and respondent was represented by Voris Johnson of the U.S.

Department of Justice. The decision was issued on May 25, 2022.