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

Kimberly Magro filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccination received on September 9, 2016. She alleged the vaccine was administered in the United States, that her injury had residual effects for more than six months, and that she had not received prior compensation for this injury.

Respondent denied that petitioner's alleged SIRVA and its residual effects were caused-in-fact by her flu vaccine, and denied that the flu vaccine caused any other injury or her current condition. Despite these denials, the parties filed a joint stipulation on December 4, 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, Kimberly Magro was awarded a lump sum of $142,500.00, representing compensation for all items of damages available under § 15(a).