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

Ellen Stoler filed a petition for compensation under the National Vaccine Injury Compensation Program on August 16, 2017, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 1, 2015. She stated the vaccine was administered in the United States and that she suffered residual effects for more than six months.

She also affirmed that no lawsuits had been filed and no settlements or awards accepted by anyone for her injury. Respondent denied that the SIRVA was caused-in-fact by the vaccination.

Despite this denial, the parties filed a joint stipulation on January 23, 2019, 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, Ellen Stoler was awarded a lump sum of $115,000.00, 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 Ms.

Stoler.