Terry Ann Davies v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Terry Ann Davies filed a petition for vaccine compensation on January 12, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 8, 2018. She claimed the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her alleged injury or any other injury, and denied that her current disabilities were sequelae of a vaccine-related injury. Despite these positions, the parties filed a joint stipulation on May 21, 2024, agreeing that a decision should be entered awarding compensation.

The court adopted the stipulation as its decision, awarding Terry Ann Davies a lump sum of $25,000.00. This amount is intended to compensate for all items of damages available under the Vaccine Act.

The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The parties agreed to settle the issues between them, and the court directed that judgment be entered in accordance with the decision.

The stipulation also outlines procedures for awarding attorneys' fees and litigation costs.