Irma Linton v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

On December 3, 2018, Irma Linton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination received on December 7, 2017. Ms.

Linton alleged that the vaccine was administered in the United States and that she experienced residual effects of her injury for more than six months, with no prior award or settlement of a civil action for her condition. The respondent denied that Ms.

Linton sustained a SIRVA Table injury or that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on May 12, 2020, agreeing to settle the case and award compensation.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.

Ms. Linton was awarded a lump sum of $81,015.00, payable to her, representing compensation for all damages available under the Vaccine Act.

This amount was to be paid as soon as practicable after the entry of judgment. The decision noted that the case proceeded as a Table claim, indicating the injury is presumed to be vaccine-related under the program's guidelines.

The stipulation also addressed future proceedings for attorneys' fees and costs, and confirmed that the payment was a full and complete negotiated settlement of liability and damages, without admission of causation by the respondent. Petitioner was represented by Jimmy A.

Zgheib of Zgheib Sayad, P.C., and respondent was represented by Linda Sara Renzi of the U.S. Department of Justice.