Silvia Stitt v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Filed 2019-10-15Decided 2021-01-21Vaccine Influenza
compensated$75,493

Case summary [AI summaries can sometimes make mistakes]

On October 15, 2019, Silvia Stitt filed a Vaccine Program petition after receiving an influenza vaccine in her left arm on October 3, 2017. She alleged that the flu vaccination caused a shoulder injury related to vaccine administration, or SIRVA.

Respondent conceded entitlement in a Rule 4(c) report filed January 5, 2021. Respondent stated that Stitt's alleged left-arm injury was consistent with SIRVA, that it met the requirements of a Table SIRVA claim, that there were no other causes for the left arm injury, and that she suffered sequelae for more than six months.

Chief Special Master Brian H. Corcoran granted entitlement on January 5, 2021.

The public decisions do not give a broader treatment chronology beyond those SIRVA criteria. Respondent filed a damages proffer on January 21, 2021, and Stitt agreed.

Chief Special Master Corcoran awarded a lump sum of $75,493.68 that day, payable to Stitt, consisting of $75,000.00 for pain and suffering and $493.68 for past unreimbursed expenses. The award represented all damages available under section 15(a).

Stitt was represented by Paul R. Brazil of Muller Brazil, LLP.

Theory of causation

Influenza vaccine in left arm (October 3, 2017) causing left-arm SIRVA. COMPENSATED. Respondent conceded Table SIRVA: injury consistent with SIRVA, Table requirements met, no other causes for left arm injury, sequelae more than six months. Entitlement granted by Chief Special Master Brian H. Corcoran on January 5, 2021; damages awarded January 21, 2021. Award: $75,493.68 lump sum payable to Silvia Stitt ($75,000.00 pain and suffering + $493.68 past unreimbursed expenses). Attorney: Paul R. Brazil, Muller Brazil, LLP, Dresher, PA.

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