Diane Blake v. HHS - Influenza, cardiomyopathy and nerve injury to her right shoulder/arm (SIRVA) (2022)

Diane Blake filed a petition for compensation under the National Vaccine Injury Compensation Program on October 15, 2020. She alleged that an influenza (flu) vaccination received on December 18, 2019, caused her to suffer cardiomyopathy and nerve injury to her right shoulder/arm, also known as SIRVA.

On the same date, she also received a pneumococcal polysaccharide vaccination. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged injuries, including SIRVA and nonischemic cardiomyopathy.

Despite these denials, the parties reached a joint stipulation for settlement. The stipulation stated that the parties maintained their respective positions but agreed to resolve the issues.

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

As per the stipulation, Diane Blake was awarded a lump sum of $45,000.00, payable by check to the petitioner, as compensation for all items of damages. The decision was issued on August 30, 2022.

Petitioner was represented by Andrew Donald Downing of Downing, Allison & Jorgenson, and respondent was represented by Benjamin Patrick Warder of the U.S. Department of Justice.

The public decision does not describe the onset of symptoms, specific clinical details of the injuries, diagnostic tests performed, or treatments received. The specific mechanism of injury was not detailed in the public decision.