Michele Louise Gray v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Michele Louise Gray filed a petition for vaccine compensation on May 1, 2019, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) causally related to her receipt of an influenza vaccine on November 6, 2017. Respondent, the Secretary of Health and Human Services, denied that petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that the flu vaccine caused her current condition.

Despite maintaining these positions, the parties filed a joint stipulation on September 7, 2021, agreeing to settle the case. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Ms.

Gray was awarded a lump sum of $90,000.00, payable by check to Petitioner, for pain and suffering and past unreimbursable medical expenses. This amount represents compensation for all damages available under Section 15(a) of the Vaccine Act.

The decision notes that the case was processed as a Table claim. The parties also agreed to submit to further proceedings for the award of reasonable attorneys' fees and costs.

The stipulation stated that it expressed a full and complete negotiated settlement of liability and damages, and it was not to be construed as an admission by the United States or the Secretary that the flu vaccine caused petitioner's alleged shoulder injury or any other injury. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and Respondent was represented by Sarah Christina Duncan of the U.S.

Department of Justice. Judgment was to be entered in accordance with the decision.