Diane Michelle v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2022)

Diane Michelle filed a petition on January 8, 2021, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that on July 29, 2019, she received a pneumococcal vaccine administered in the United States, which resulted in a shoulder injury related to vaccine administration (SIRVA).

Petitioner stated that the residual effects of her injury lasted for more than six months and that she had not received a prior award or settlement for this condition. The respondent denied that Petitioner sustained a SIRVA Table injury, denied that the 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 denials, on November 3, 2022, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision. He awarded Diane Michelle a lump sum of $40,000.00, payable by check to Petitioner, as compensation for all items of damages.

The decision was issued on November 8, 2022. Petitioner was represented by Brynna Gang of Kraus Law Group, LLC, and Respondent was represented by Naseem Kourosh of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, clinical details of the injury, diagnostic tests performed, or treatments received.

The specific mechanism of injury and any expert testimony are also not detailed in the public decision.