Barbara Dorsett v. HHS - Influenza, shoulder injury related to vaccine administration (2024)

Barbara Dorsett filed a petition on March 16, 2023, seeking compensation under the National Vaccine Injury Compensation Program. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA), a condition listed in the Vaccine Injury Table, after receiving an influenza vaccine on September 28, 2021.

Ms. Dorsett claimed the vaccine was administered in the United States and that she experienced residual effects of the SIRVA for more than six months.

She also stated that no civil action had been filed and no compensation had been received for the alleged injury. The respondent, the Secretary of Health and Human Services, denied that Ms.

Dorsett sustained a SIRVA Table injury or that the flu vaccine caused her condition. Despite these opposing positions, the parties submitted a joint stipulation on September 24, 2024, agreeing to settle the case and award compensation.

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

Pursuant to the stipulation, Ms. Dorsett was awarded a lump sum of $20,000.00, payable by check.

This amount is intended to compensate for all items of damages available under the Vaccine Act. The decision notes that the case was resolved via stipulation, with the parties agreeing to settle the issues between them.

Petitioner was represented by Jonathan Joseph Svitak of Shannon Law Group, P.C., and respondent was represented by Jamica Marie Littles of the U.S. Department of Justice.

The public decision was issued on October 28, 2024.