Elaine Lander v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Elaine Lander filed a petition for vaccine compensation on January 31, 2018, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 9, 2015. She claimed the injury occurred within the time period set forth in the Vaccine Injury Table, was actually caused by the vaccine, and resulted in residual effects lasting more than six months.

Respondent denied that petitioner sustained a SIRVA Table injury or that the flu vaccine caused her condition. Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation.

The Chief Special Master adopted the stipulation, awarding Elaine Lander a lump sum of $45,000.00 for all damages, including pain and suffering, lost earnings, and past unreimbursable expenses. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.

This stipulation represents a full and complete negotiated settlement of liability and damages claimed under the National Childhood Vaccine Injury Act.