Ellen Whitaker v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Ellen Whitaker filed a petition for compensation under the National Vaccine Injury Compensation Program on April 15, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine administered on October 15, 2018. She stated the vaccine was given in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement.

The respondent, the Secretary of Health and Human Services, denied that Ms. Whitaker sustained a Table SIRVA within the timeframe set forth in the Vaccine Injury Table, and denied that the flu immunization caused or significantly aggravated her alleged shoulder injury.

The parties filed a joint stipulation on October 19, 2021, agreeing to settle the case. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Ms.

Whitaker was awarded $50,000.00 in compensation as a lump sum, payable by check, for all items of damages available under Section 15(a) of the Vaccine Act. This amount represents a compromise of the parties' respective positions on liability and damages.

The decision was issued on October 20, 2021. Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and respondent was represented by Ryan Daniel Pyles of the U.S.

Department of Justice.