Paula Absolon v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2018)

Paula Absolon filed a petition for compensation under the National Vaccine Injury Compensation Program on March 10, 2016. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) and an injury to her cervical spine following an influenza vaccination on September 22, 2014.

The petition stated that Ms. Absolon 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.

The respondent denied that the flu vaccine caused her alleged cervical spine injury or any other injury or condition besides SIRVA. The parties filed a joint stipulation on June 1, 2017.

In this stipulation, they agreed that Ms. Absolon sustained a SIRVA and experienced residual effects for more than six months, and that there was no preponderance of evidence demonstrating that the SIRVA was due to a factor unrelated to the vaccination.

Based on this stipulation, Chief Special Master Nora Beth Dorsey adopted the terms of the stipulation as the decision of the court. Ms.

Absolon was awarded a lump sum of $60,000.00, payable to her, as compensation for all items of damages available under the Vaccine Act. The decision was issued on May 8, 2018.

Petitioner was represented by John Robert Howie, Jr. of Howie Law, PC, and respondent was represented by Gabrielle Manganiello Fielding of the U.S. Department of Justice.