Lindsey Austin v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Lindsey Austin filed a petition on September 3, 2020, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she sustained a Shoulder Injury Related to Vaccine Administration (SIRVA), a condition listed in the Vaccine Injury Table, as a result of an influenza vaccine she received on October 1, 2019.

Ms. Austin claimed the vaccination occurred within the United States, that she experienced residual effects of the injury for more than six months, and that she had no prior award or settlement for this condition.

The respondent, the Secretary of Health and Human Services, denied that Ms. Austin sustained a SIRVA Table injury, denied that the influenza 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 opposing positions, the parties filed a joint stipulation on May 4, 2022, agreeing to settle the case. Chief Special Master Brian H.

Corcoran adopted the stipulation, awarding Lindsey Austin $45,000.00 as compensation for all damages. This decision was finalized on June 16, 2022.

The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent was represented by Amanda Pasciuto of the U.S. Department of Justice.