Elenita Alvarez-Tompkins v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Elenita Alvarez-Tompkins, an adult, filed a petition for compensation under the National Vaccine Injury Compensation Program on September 12, 2017. She alleged that an influenza vaccine administered to her left shoulder on November 9, 2016, caused a shoulder injury related to vaccine administration (SIRVA) with residual effects lasting more than six months.

The respondent denied that the flu vaccination caused the alleged SIRVA or any other injury. The parties subsequently filed a joint stipulation 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. Ms.

Alvarez-Tompkins was awarded a lump sum of $30,000.00, payable to her, representing compensation for all items of damages available under the Vaccine Act, specifically for pain and suffering and other damages related to her SIRVA. Petitioner was represented by Leah VaSahnja Durant of the Law Offices of Leah V.

Durant, PLLC, and respondent was represented by Claudia Barnes Gangi of the U.S. Department of Justice.

The decision was issued on March 21, 2019.