Allison Menard v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2018)

Allison Menard filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 19, 2015 influenza vaccination. She stated that the vaccine was administered in the United States, that her injury had residual effects lasting more than six months, and that she had not received any prior award or settlement for this injury.

Respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused petitioner's alleged SIRVA or any other injury. Despite the denial, the parties filed a joint stipulation on September 18, 2018, agreeing that compensation should be awarded.

The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Allison Menard was awarded a lump sum of $80,000.00, representing compensation for all items of damages available under the Vaccine Act.

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