Kellie M DiPietro v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2016)

Kellie M. DiPietro filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 17, 2014.

She claimed the injury caused residual effects lasting more than six months. Respondent denied that the flu vaccine caused her alleged SIRVA or any other injury.

Despite this denial, the parties filed a joint stipulation agreeing to a settlement. The court adopted the stipulation, awarding Ms.

DiPietro a lump sum of $133,106.47. This amount represents compensation for all damages available under the Vaccine Act.

The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The stipulation also addressed future proceedings for attorneys' fees and costs.

Ms. DiPietro released the United States and the Secretary of Health and Human Services from further claims related to this vaccination in exchange for the compensation.