Diane Gearhart v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2019)

Diane Gearhart filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 7, 2016. The respondent, the Secretary of Health and Human Services, denied that Ms.

Gearhart sustained a SIRVA Table injury or that the flu vaccine caused her alleged shoulder injuries. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court found the stipulation reasonable and adopted it as its decision. Ms.

Gearhart was awarded a lump sum of $50,000.00 as compensation for all items of damages available under the Vaccine Act. This award represents a settlement of liability and damages, and the parties agreed that it should not be construed as an admission by the United States or the Secretary that Ms.

Gearhart sustained a SIRVA Table injury or that the flu vaccine caused her injuries.