Darlene Dayton v. HHS - Influenza, shoulder injury related to vaccine administration (2016)

Darlene Dayton filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) as a consequence of an influenza vaccine she received on or about August 28, 2014. She stated that the vaccine was administered in the United States, that she experienced residual effects of her injury for more than six months, and that she had not received a prior award or settlement for her condition.

Respondent denied that the flu vaccine caused petitioner’s alleged SIRVA or any other injury. Nevertheless, the parties filed a joint stipulation agreeing that compensation should be awarded.

The court found the stipulation reasonable and adopted it as the decision of the Court. Darlene Dayton was awarded a lump sum of $75,000.00, representing compensation for all damages available under the Vaccine Act.