Bonnie Cushman v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Bonnie Cushman filed a petition for compensation under the National Vaccine Injury Compensation Program on August 22, 2019. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on or about October 6, 2017.

The petition stated that the vaccine was administered within the United States, that her right shoulder injuries and sequelae lasted more than six months, and that no prior action had been filed for her vaccine-related injury. The respondent, the Secretary of Health and Human Services, denied that Cushman 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 sequelae of a vaccine-related injury.

Despite these differing positions, the parties reached a joint stipulation for settlement on May 19, 2022. Chief Special Master Brian H.

Corcoran adopted the stipulation as the court's decision. Pursuant to the stipulation, Cushman was awarded a lump sum of $62,000.00, payable to her, as compensation for all damages.

This award represents a compromise of the parties' respective positions on liability and damages. The decision was issued on May 19, 2022.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and respondent was represented by Jennifer Leigh Reynaud of the U.S.

Department of Justice.