Dolores Justice v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2020)

Dolores Justice filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 15, 2015. She stated that the vaccine was administered in the United States, that she experienced residual effects of her condition for more than six months, and that she had not received a prior award or settlement for this injury.

Respondent, the Secretary of Health and Human Services, denied that Ms. Justice sustained a SIRVA Table injury, denied that the vaccine caused her shoulder injury or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury.

Despite the respondent's denials, the parties filed a joint stipulation on October 16, 2020, agreeing that a decision should be entered awarding compensation. The Chief Special Master found the stipulation reasonable and adopted it as the decision awarding damages.

Ms. Justice was awarded a lump sum of $52,500.00, which represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.