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

Cheryl Desnick filed a petition for compensation under the National Vaccine Injury Compensation Program on August 7, 2017. She alleged that she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccination she received on August 31, 2014.

Ms. Desnick 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 a prior award or settlement for this injury.

The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused Ms. Desnick's injury or her current condition.

The parties subsequently filed a joint stipulation on August 28, 2018, agreeing to settle the case. Chief Special Master Nora Beth Dorsey reviewed the stipulation and found it reasonable, adopting it as the decision of the Court.

Pursuant to the stipulation, Ms. Desnick was awarded a lump sum of $52,500.00, payable to her, as compensation for all damages available under the Vaccine Act.

This amount represents compensation for her SIRVA, which is listed as a "Table injury." The decision notes that the parties' attorneys were Foley & Mansfield, PLLP for the petitioner and the U.S. Department of Justice for the respondent.

The public decision does not describe the specific onset of symptoms, diagnostic tests, treatments, or the medical expert opinions considered.