Melissa R. Wagner v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Melissa R. Wagner filed a petition for vaccine compensation, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on December 3, 2018.

Ms. Wagner stated that the vaccine was administered in the United States and that she experienced residual effects of the injury for more than six months.

She also represented that no civil action had been filed and no compensation had been received for her condition. The respondent, the Secretary of Health and Human Services, denied that Ms.

Wagner sustained a SIRVA as defined in the Vaccine Injury Table, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, the parties filed a joint stipulation on February 8, 2022, agreeing to settle the issues and award compensation.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision.

Pursuant to the stipulation, Ms. Wagner was awarded a lump sum of $77,500.00, payable to her, as compensation for all damages available under Section 15(a) of the Vaccine Act.

The decision noted that the parties would submit to further proceedings for the award of reasonable attorneys' fees and costs. The stipulation also included standard provisions regarding the use of compensation, release of claims, and conditions under which the stipulation would be voidable.

The decision was issued by Chief Special Master Brian H. Corcoran on February 8, 2022.

Petitioner was represented by Kimberly Wilson White of Wilson Law, P.A., and Respondent was represented by Traci R. Patton of the U.S.

Department of Justice.