Melissa Bartlett v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)
Case summary [AI summaries can sometimes make mistakes]
Melissa Bartlett filed a petition on January 28, 2022, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccine received on October 9, 2020.
Ms. Bartlett stated that the vaccine was administered in the United States, that she suffered residual effects of her injury for more than six months, and that no prior action or compensation had been sought for this injury.
The respondent, the Secretary of Health and Human Services, denied that Ms. Bartlett sustained a SIRVA Table injury, denied that the flu 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 8, 2025, agreeing to settle the case. Chief Special Master Brian H.
Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Ms.
Bartlett was awarded a lump sum of $25,000.00, to be paid via ACH deposit to her counsel's IOLTA account for prompt disbursement. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.
The stipulation also noted that the parties would submit to further proceedings for the award of reasonable attorneys' fees and costs. The decision was made public as it contained a reasoned explanation.
Petitioner's counsel was Jonathan Joseph Svitak of Shannon Law Group, P.C., and respondent's counsel was Felicia Langel, an attorney with the U.S. Department of Justice.
The public decision does not describe the specific onset of symptoms, medical tests, treatments, or expert witnesses involved in this case.
Theory of causation
Petitioner Melissa Bartlett alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccine received on October 9, 2020. The case proceeded as a Table claim. Respondent denied the alleged SIRVA Table injury and causation. The parties filed a joint stipulation agreeing to settle the case. Chief Special Master Brian H. Corcoran adopted the stipulation, awarding a lump sum of $25,000.00 for all damages under 42 U.S.C. § 300aa-15(a). The stipulation, dated May 8, 2025, and adopted in a decision on June 11, 2025, does not detail the specific mechanism of injury or name any experts. Petitioner was represented by Jonathan Joseph Svitak, and Respondent by Felicia Langel.
Source PDFs
USCOURTS-cofc-1_22-vv-00087