Dionne Spell v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) and brachial neuritis (2021)

On September 25, 2019, Dionne Spell filed a petition for vaccine compensation under the National Vaccine Injury Compensation Program. Petitioner alleged that she suffered a right shoulder injury related to vaccine administration (SIRVA) and brachial neuritis resulting from an influenza vaccine received on January 24, 2018.

Petitioner further alleged that she experienced the residual effects of these injuries for more than six months and that there had been no prior award or settlement for her condition. The Respondent denied that Petitioner sustained a SIRVA Table injury, denied that Petitioner's alleged shoulder injury was caused-in-fact by the flu vaccine, and denied that the flu vaccine caused Petitioner to suffer brachial neuritis or any other injury or her current condition.

Despite these denials, the parties filed a joint stipulation on August 10, 2021, agreeing to settle the case. Chief Special Master Brian H.

Corcoran adopted the stipulation as the decision awarding damages. Pursuant to the stipulation, Dionne Spell was awarded a lump sum of $32,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The decision does not describe the specific onset of symptoms, diagnostic tests, or treatments. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP, and Respondent was represented by Sarah Christina Duncan of the U.S. Department of Justice.