Jillaine Burghardt v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Jillaine Burghardt filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her January 30, 2013 influenza vaccination. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) Report conceding that Ms.

Burghardt was entitled to compensation. The respondent specifically stated that the Division of Injury Compensation Programs believed her alleged injury was consistent with SIRVA and that she had satisfied all legal prerequisites for compensation.

Subsequently, a ruling on entitlement was issued finding Ms. Burghardt entitled to compensation.

The parties then filed a joint stipulation agreeing that Ms. Burghardt should be awarded $1,500,000.00.

Based on this stipulation, the court awarded Ms. Burghardt a lump sum payment of $1,500,000.00, representing compensation for all damages available under the Act.