Stephanie Marshburn v. HHS - Influenza, shoulder injury related to vaccine administration (2024)

Stephanie Marshburn filed a petition for vaccine compensation on January 11, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on September 8, 2020. She claimed the injury occurred within the time period set forth in the Vaccine Injury Table and that the vaccine caused her injury, with residual effects lasting more than six months.

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, the parties filed a joint stipulation on May 20, 2024, agreeing to settle the case and award compensation.

The court adopted the stipulation, awarding Stephanie Marshburn a lump sum of $75,000.00 and an additional $2,500.00 to reimburse a Medicaid lien for services rendered in North Carolina. This compensation covers all items of damages available under the Vaccine Act.

The decision was issued on June 21, 2024.