Donna F. Madej v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2018)

Donna F. Madej filed a petition for compensation under the National Vaccine Injury Compensation Program on December 1, 2016.

She alleged that she suffered a right shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 26, 2015. She further alleged that she suffered the residual effects of this injury for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner’s alleged shoulder injury or any other injury. Nevertheless, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court adopted the stipulation as the decision of the Court in awarding damages. Pursuant to the stipulation, Donna F.

Madej was awarded a lump sum of $90,694.65, representing compensation for all items of damages available under the Vaccine Act. The case was resolved by stipulation, and the injury was presumed to be a Table injury.