Jo Ann Gilbert v. HHS - Pneumococcal, shoulder injury related to vaccine administration (SIRVA) (2020)

Jo Ann Gilbert filed a petition for compensation under the National Vaccine Injury Compensation Program alleging injury from a Prevnar 13 vaccine she received on August 31, 2017. The vaccine is listed on the Vaccine Injury Table.

Ms. Gilbert alleged she sustained a shoulder injury related to vaccine administration (SIRVA) and experienced residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Ms. Gilbert sustained a Table SIRVA injury, denied that the vaccine caused her shoulder injury, and denied that her current condition was a sequela of a vaccine-related injury.

Despite maintaining these positions, the parties entered into a stipulation to settle the issues. The stipulation provided for a decision awarding compensation to Ms.

Gilbert. The court adopted the stipulation and awarded her a lump sum of $75,000.00 for all damages.

This award represents a settlement of the claim, with the respondent not conceding that the injury was a Table SIRVA or that the vaccine caused the injury.