Arlene O’Connell v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Arlene O’Connell filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on December 28, 2019. The respondent, the Secretary of Health and Human Services, denied that Ms.

O’Connell sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury. Despite these differing positions, the parties reached a joint stipulation to settle the case.

The stipulation stated that Ms. O’Connell received the flu vaccine in the United States and experienced residual effects of her injury for more than six months, and that no lawsuits had been filed or settlements accepted by anyone for her vaccine-related injury.

The parties agreed that a decision should be entered awarding compensation. Chief Special Master Corcoran adopted the stipulation as the decision, awarding Ms.

O’Connell a lump sum of $52,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The decision also noted that the parties would submit to further proceedings to award reasonable attorneys' fees and costs.