Shari Herb v. HHS - Influenza, Shoulder Injury (2018)

Shari Herb filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury as a result of her September 9, 2015 influenza vaccination. She stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had not received a prior award or settlement for her injury.

Respondent denied that the flu vaccine caused petitioner’s alleged shoulder injury or any other condition. Despite the denial, the parties filed a joint stipulation agreeing that compensation should be awarded.

The court found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Shari Herb was awarded a lump sum of $75,000.00, representing compensation for all items of damages available under the Vaccine Act.

This award was for pain and suffering and covered all damages.