Claudia Mercado v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Claudia Mercado filed a petition for compensation under the National Vaccine Injury Compensation Program on August 28, 2020. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 18, 2018.

Ms. Mercado stated that the vaccine was administered in the United States, that the injury's effects lasted for more than six months, and that she had not filed a prior civil action for damages related to her condition.

The respondent, the Secretary of Health and Human Services, denied that Ms. Mercado sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on February 13, 2023, agreeing that compensation should be awarded. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision. Ms.

Mercado was awarded a lump sum of $90,000.00, payable to her, representing compensation for all eligible damages. The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses.

Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and Respondent was represented by Camille Michelle Collett of the U.S. Department of Justice.