Susan T. Russell v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

On August 16, 2019, Susan T. Russell filed a petition for compensation under the National Vaccine Injury Compensation Program.

She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on September 15, 2018. Ms.

Russell claimed that the first symptom or manifestation of her condition occurred within 48 hours of the vaccination and that she experienced residual effects for more than six months. The respondent, the Secretary of Health and Human Services, denied that Ms.

Russell sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on August 3, 2021, agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation.

As compensation, Ms. Russell was awarded a lump sum of $40,000.00, payable by check to the petitioner.

This amount was intended to compensate for all items of damages available under Section 15(a) of the Vaccine Act. The decision notes that this award represents a compromise of the parties' respective positions on liability and damages.

Petitioner was represented by Richard H. Moeller of Moore, Heffernan, et al., and respondent was represented by Andrew Henning of the U.S.

Department of Justice. The decision was issued on September 9, 2021.