Sherry F. Mitchell v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Filed 2020-12-22Decided 2025-09-10Vaccine Influenza
compensated$95,000

Case summary [AI summaries can sometimes make mistakes]

On December 22, 2020, Sherry F. Mitchell filed a petition seeking compensation under the Vaccine Act after receiving an influenza vaccination on December 22, 2019.

She alleged that the vaccination caused a shoulder injury related to vaccine administration and that the residual effects of the injury lasted for more than six months. The Secretary denied that Ms.

Mitchell suffered a Table SIRVA, denied that the flu vaccine caused any other injury, and denied that any vaccine-related condition caused continuing sequelae. The public stipulation does not describe the precise onset, medical visits, imaging, injections, therapy, or other clinical treatment for the shoulder injury; it records the parties' legal agreement rather than a detailed medical narrative.

On September 10, 2025, the parties filed a stipulation resolving the case. Chief Special Master Brian H.

Corcoran found the stipulation reasonable and adopted it as the decision of the Court. Ms.

Mitchell was awarded a lump sum of $95,000.00 as compensation for all damages available under section 15(a), payable by ACH deposit to her counsel's IOLTA account for prompt disbursement. She was represented by Thomas Verner Smith of the Law Office of T.

Verner Smith in Jackson, Tennessee.

Theory of causation

Influenza vaccine, December 22, 2019, adult petitioner with exact age not stated in the public stipulation, alleged shoulder injury related to vaccine administration (SIRVA). COMPENSATED by stipulation. Respondent denied that the flu vaccine caused a Table SIRVA or any other vaccine-related injury and denied six-month sequelae, but the parties stipulated to a lump-sum award of $95,000. The public stipulation does not provide onset timing, imaging, treatment course, or expert analysis. Chief Special Master Corcoran, September 10, 2025. Attorney Thomas Verner Smith, Law Office of T. Verner Smith, Jackson, Tennessee.

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