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

Abigail Holuta filed a petition for vaccine compensation alleging that her November 2, 2016 influenza vaccine caused her to suffer a Shoulder Injury Related to Vaccine Administration (SIRVA). She represented that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her injury.

Respondent denied that the flu vaccine caused petitioner's alleged SIRVA. Despite this denial, the parties filed a joint stipulation agreeing to settle the case and award compensation.

The Chief Special Master found the stipulation reasonable and adopted it as the decision of the Court. Pursuant to the stipulation, Abigail Holuta was awarded a lump sum of $60,000.00 as compensation for all damages available under the Vaccine Act.

This amount represents a compromise of the parties' respective positions on liability and damages. The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table for the influenza vaccine.