Eloise M. Viater v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2018)

Eloise M. Viater filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that an influenza vaccine she received on August 19, 2015, caused her to suffer a left shoulder injury related to vaccine administration (SIRVA).

She further alleged that her injury lasted for more than six months. Respondent denied that the flu vaccine caused petitioner to suffer from a shoulder injury or any other injury.

Nevertheless, on August 11, 2017, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Eloise M. Viater was awarded a lump sum of $75,000.00, representing compensation for all items of damages available under the Vaccine Act.

The award was made in the form of a check payable to petitioner.