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

Marcella Harley filed a petition for compensation under the National Vaccine Injury Compensation Program on April 4, 2019. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on August 31, 2017, in the United States.

Ms. Harley stated that she had not received any prior award or settlement for this injury.

The respondent denied that Ms. Harley sustained a Table SIRVA or that the flu vaccine caused her injury.

Despite these positions, the parties filed a joint stipulation on July 1, 2020, agreeing to settle the case and award compensation. Chief Special Master Brian H.

Corcoran adopted the stipulation as the decision. Ms.

Harley was awarded a lump sum of $72,599.95, representing compensation for all items of damages available under the Vaccine Act. This amount was to be paid in the form of a check payable to the petitioner.

The stipulation noted that the parties agreed to settle the issues between them and that the decision should be entered awarding compensation. The stipulation also stated that the parties would submit to further proceedings for reasonable attorneys' fees and costs.

Petitioner counsel was Bridget Candace McCullough of Muller Brazil, LLP, and respondent counsel was Catherine Elizabeth Stolar of the U.S. Department of Justice.

The decision was signed by Chief Special Master Brian H. Corcoran on July 2, 2020, and was later corrected and reissued on August 13, 2020.