Yvonne Sewell v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Yvonne Sewell filed a petition on September 26, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 28, 2016.

Ms. Sewell further alleged that she experienced residual effects from this injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury. Despite these positions, both parties agreed to settle the case through a stipulation filed on July 6, 2023.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it to be reasonable, adopting it as the decision in the case.

The stipulation awarded Yvonne Sewell a lump sum of $35,000.00, payable by check to Petitioner, as compensation for all damages. This amount represents compensation for all damages available under Section 15(a) of the National Childhood Vaccine Injury Act of 1986.

The Special Master approved the award and directed that judgment be entered. Petitioner was represented by Andrew Donald Downing of Downing, Allison & Jorgenson, and Respondent was represented by Sarah Black Rifkin of the U.S.

Department of Justice. The decision was issued on July 31, 2023.