Bita Fotuhi v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Bita Fotuhi filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that the influenza vaccine she received on October 8, 2014, caused her to develop a Shoulder Injury Related to Vaccine Administration (SIRVA) in her left shoulder. She further alleged that she experienced residual effects of this injury for more than six months.

Respondent denied that the flu vaccine caused her alleged SIRVA or any other injury. Despite this denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Bita Fotuhi was awarded a lump sum of $131,962.33, representing compensation for all items of damages available under the Vaccine Act.

This amount covers her alleged SIRVA, which is a condition listed on the Vaccine Injury Table. The case was resolved via stipulation, avoiding a contested hearing on entitlement or damages.