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

Margaret Carter filed a petition for vaccine compensation on September 26, 2023, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 13, 2022. Petitioner alleged that the SIRVA was a Table injury and that she experienced residual effects for more than six months.

Respondent denied that the injury was a Table SIRVA within the specified timeframe and denied that the flu vaccine caused or aggravated her condition. Despite these denials, the parties filed a joint stipulation agreeing to settle the case.

Chief Special Master Brian H. Corcoran adopted the stipulation as the decision.

Pursuant to the stipulation, Margaret Carter was awarded a lump sum of $50,000.00 in the form of a check payable to Petitioner as compensation for all damages available under the Vaccine Act. This award represents a negotiated settlement of liability and damages.

Petitioner was represented by Maximillian J. Muller of Muller Brazil, LLP, and Respondent was represented by Ryan Daniel Pyles of the U.S.

Department of Justice. The decision was issued on September 23, 2024.