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

Mary Agresti filed a petition for compensation under the National Vaccine Injury Compensation Program on December 21, 2016, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by her influenza vaccination on November 6, 2014. She further alleged that she experienced residual effects of her injury for more than six months and that there had been no prior award or settlement of a civil action for damages as a result of her condition.

The respondent denied that the influenza vaccine caused petitioner's alleged SIRVA or any other injury or her current condition. Nevertheless, the parties filed a joint stipulation for damages, stating that a decision should be entered awarding compensation.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Mary Agresti was awarded a lump sum of $50,000.00 in compensation for all items of damages, payable to petitioner.

The decision was issued on December 21, 2016. Petitioner was represented by Jeffrey S.

Pop of Jeffrey S. Pop & Associates, and respondent was represented by Robert Paul Coleman, III of the U.S.

Department of Justice.