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

Merle Galper filed a petition for compensation on November 12, 2015, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 28, 2014. She further alleged that she experienced the residual effects of her injury for more than six months.

The respondent denied that the flu vaccine caused petitioner's alleged SIRVA and residual effects, or any other injury. Despite the respondent's denial, on May 27, 2016, the parties filed a joint stipulation agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the court's decision. Merle Galper was awarded a lump sum of $105,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act.

The decision was finalized on May 31, 2016. Petitioner was represented by Maximillian J.

Muller of Muller Brazil, LLP, and respondent was represented by Voris Edward Johnson of the U.S. Department of Justice.