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

Aurelia Gilbert filed a petition for compensation on December 6, 2016, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of her October 9, 2015 influenza vaccination. Ms.

Gilbert stated that she received the vaccination in the United States, that she suffered the effects of her injury for more than six months, and that there had been no prior award or settlement for her condition. The Secretary of Health and Human Services, respondent, denied that the flu vaccine caused petitioner's alleged left SIRVA or any other injury, and further denied that petitioner's current disabilities were sequelae of a vaccine-related injury.

Despite the denial, on May 31, 2018, the parties filed a joint stipulation for damages. Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court.

Pursuant to the stipulation, Ms. Gilbert was awarded a lump sum of $85,000.00, payable to petitioner, as compensation for all items of damages.

Petitioner was represented by Ronald Craig Homer of Conway, Homer, P.C., and respondent was represented by Lisa Ann Watts of the U.S. Department of Justice.

The decision was issued on September 5, 2018.