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

Dana Ochsner filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her influenza vaccination on September 30, 2016. She stated the vaccine was administered in the United States, that her injury had residual effects for more than six months, and that she had no prior award or settlement for this injury.

Respondent denied that petitioner sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injuries or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite these denials, 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. Dana Ochsner was awarded $26,000.00 as a lump sum payment, representing compensation for all items of damages available under the Vaccine Act.

This decision was based on a joint stipulation and resolves the case.