Erin Mordecai v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Erin Mordecai filed a petition for compensation under the National Vaccine Injury Compensation Program on August 9, 2022. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA), a condition listed in the Vaccine Injury Table, as a result of receiving an influenza vaccination on September 15, 2020.

Petitioner stated that the vaccine was administered in the United States and that she experienced residual effects of the injury for more than six months. She also represented that there had been no prior award or settlement of a civil action on her behalf for this injury.

The respondent, the Secretary of Health and Human Services, 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 September 17, 2024, agreeing that a decision should be entered awarding compensation.

Chief Special Master Brian H. Corcoran reviewed the stipulation and found it reasonable, adopting it as the decision of the court.

The decision awarded Erin Mordecai a lump sum of $40,000.00, payable by check to Petitioner. This amount is intended to compensate for all items of damages available under Section 15(a) of the Vaccine Act.

The case proceeded as a Table claim, and the parties stipulated to damages, settling the issues of liability and damages. Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C., and Respondent was represented by Lauren Kells of the U.S.

Department of Justice. The decision was issued on October 21, 2024.