Ellen Decker v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

On December 4, 2020, Ellen Decker filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a left shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 28, 2019.

Petitioner further alleged that the vaccine was administered in the United States, that she suffered the residual effects of her injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf. The respondent denied that petitioner suffered the onset of her alleged SIRVA within the Table timeframe, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on September 21, 2023, agreeing to a settlement. Chief Special Master Brian H.

Corcoran adopted the stipulation as the court's decision. Pursuant to the stipulation, Ellen Decker was awarded a lump sum of $20,000.00, payable to Petitioner, as compensation for all damages available under the Vaccine Act.

This award represents a settlement of liability and damages. The stipulation also provides for future proceedings to award reasonable attorneys' fees and costs.

Petitioner was represented by Leigh Finfer of Muller Brazil, LLP, and the respondent was represented by Mallori Browne Openchowski of the U.S. Department of Justice.