Mary McNear v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Mary McNear filed a petition on December 18, 2019, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 9, 2017, and experienced residual effects for more than six months.

The respondent denied that the petitioner sustained a SIRVA Table injury, that the vaccine caused her alleged shoulder injury or any other injury, and that her current condition was a sequela of a vaccine-related injury. The parties filed a joint stipulation on August 31, 2021, agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.

He awarded Mary McNear a lump sum of $30,000.00, payable to Petitioner, and an additional $2,143.31 to reimburse a Medicaid lien, payable jointly to Petitioner and the Treasurer, State of New Jersey. This award represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The decision was issued on August 31, 2021. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Zoe Wade of the U.S.

Department of Justice.