Marlene Swords v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2025)

Marlene Swords, an eighty-year-old adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on August 9, 2023. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on February 10, 2022.

Ms. Swords stated she had no prior history of shoulder issues in her left arm, that pain occurred within 48 hours after the vaccination, and that the pain and reduced range of motion were limited to the vaccinated shoulder.

The respondent, the Secretary of Health and Human Services, reviewed the case and filed a Rule 4(c) report on December 27, 2024, conceding entitlement to compensation. The respondent agreed that Ms.

Swords had suffered the residual effects of her condition for more than six months and had satisfied all legal prerequisites for compensation under the Act. On January 3, 2025, Chief Special Master Brian H.

Corcoran issued a ruling on entitlement, finding Ms. Swords entitled to compensation.

Subsequently, on January 3, 2025, Chief Special Master Corcoran issued a decision awarding damages based on a proffer agreed to by both parties. The award totaled $57,560.00, consisting of $57,500.00 for pain and suffering and $60.00 for past unreimbursable expenses.

The award was to be paid as a lump sum check to Ms. Swords.

Petitioner was represented by Bridget C. McCullough of Muller Brazil, LLP, and respondent was represented by Rachelle Bishop of the U.S.

Department of Justice. The public decision does not describe the specific medical experts consulted or the detailed mechanism of injury beyond its classification as SIRVA.