Dianne Needham v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Dianne Needham filed a petition for compensation under the National Vaccine Injury Compensation Program on September 9, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on September 7, 2019. Petitioner alleged she received the vaccine in the United States, experienced residual effects for more than six months, and had no prior award or settlement for her condition.

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

Despite these denials, the parties reached a joint stipulation for settlement on May 31, 2022. Chief Special Master Brian H.

Corcoran adopted the stipulation as the decision awarding damages. Ms.

Needham was awarded a lump sum of $55,000.00, representing compensation for all items of damages available under the Vaccine Act. The decision noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs.

This award settles all claims related to the alleged SIRVA injury from the flu vaccination. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and Respondent was represented by Alexis B. Babcock of the U.S.

Department of Justice.