Margaret Rogers v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Margaret Rogers filed a petition for compensation under the National Vaccine Injury Compensation Program on July 27, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 6, 2015. She further alleged that she experienced the residual effects of this injury for more than six months.

The respondent denied that the flu vaccine administered on or about October 6, 2015, was the cause of petitioner's alleged SIRVA or any other injury or her current condition. Despite the respondent's denial, the parties filed a joint stipulation on March 5, 2019, agreeing that compensation should be awarded.

Chief Special Master Nora Beth Dorsey found the stipulation reasonable and adopted it as the decision of the Court. Margaret Rogers was awarded a lump sum of $75,614.76, payable to petitioner, as compensation for all items of damages available under the Vaccine Act.

The clerk was directed to enter judgment accordingly. The public decision does not describe the specific onset of symptoms, medical tests performed, treatments received, or the names of any medical experts consulted by either party.

Petitioner was represented by Amy A. Senerth of Muller Brazil, LLP, and respondent was represented by Linda Sara Renzi of the U.S.

Department of Justice.