Dawn Mack v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2022)

Dawn Mack filed a petition for compensation under the National Vaccine Injury Compensation Program on April 13, 2020, alleging she suffered a right shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 15, 2018. Petitioner alleged the vaccine was administered in the United States, that she experienced residual effects of the injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf.

Respondent denied that Ms. Mack sustained a SIRVA Table injury, denied that the vaccine caused her alleged right shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.

Despite these differing positions, the parties reached a joint stipulation for settlement on February 1, 2022. Chief Special Master Brian H.

Corcoran adopted the stipulation as his decision. Pursuant to the stipulation, Ms.

Mack was awarded a lump sum of $23,000.00, payable to Petitioner, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was issued on February 2, 2022.

Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V. Durant, PLLC.

Respondent was represented by Alexa Roggenkamp, an attorney with the U.S. Department of Justice.