Marlene Sutliff v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Marlene Sutliff filed a petition for vaccine compensation on January 12, 2021, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine administered on September 20, 2018. The respondent, the Secretary of Health and Human Services, denied that Ms.
Sutliff suffered from SIRVA, that the vaccine caused her alleged injury, or that her condition was a sequela of a vaccine-related injury. The parties filed a joint stipulation on January 3, 2023, agreeing to a settlement.
Chief Special Master Brian H. Corcoran adopted the stipulation as his decision.
The decision awards Marlene Sutliff $48,200.00 as compensation for all damages available under the Vaccine Act. This amount represents a compromise of the parties' respective positions on liability and damages.
The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. Petitioner was represented by Matthew F.
Belanger of Faraci Lange, LLP, and Respondent was represented by Jennifer A. Shah of the U.S.
Department of Justice.
Theory of causation
Petitioner Marlene Sutliff alleged a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccine received on September 20, 2018. SIRVA is listed on the Vaccine Injury Table. Respondent denied causation. The parties filed a joint stipulation agreeing to a settlement. The Special Master adopted the stipulation, awarding $48,200.00 in a lump sum. This award represents a compromise of the parties' positions on liability and damages. Petitioner was represented by Matthew F. Belanger, and Respondent by Jennifer A. Shah. Chief Special Master Brian H. Corcoran issued the decision on February 3, 2023.
Source PDFs
USCOURTS-cofc-1_21-vv-00615