Cheryl Bourgerie v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (“SIRVA”) (2016)

Cheryl Bourgerie filed a petition for compensation under the National Vaccine Injury Compensation Program on August 26, 2016, alleging that her September 23, 2014 influenza vaccination caused her to suffer Shoulder Injury Related to Vaccine Administration (SIRVA). The respondent conceded that petitioner's injury was consistent with SIRVA and was caused in fact by the flu vaccine, identifying no other causes and noting the injury persisted for over six months.

The respondent further agreed that petitioner met all legal prerequisites for compensation. Based on the respondent's concession and the evidence, entitlement to compensation was granted on November 2, 2016.

Subsequently, on November 2, 2016, a damages decision was issued. The respondent had filed a proffer indicating an award of $35,151.00, which the petitioner agreed to.

The court awarded Cheryl Bourgerie a lump sum payment of $35,151.00.