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

Nooshin Gastineau filed a petition for compensation under the National Vaccine Injury Compensation Program on July 20, 2018, alleging that an influenza vaccination received on or about October 26, 2016, caused her to develop a shoulder injury related to vaccine administration (SIRVA). She claimed to have experienced residual effects of this injury for more than six months.

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 on June 24, 2019, agreeing that compensation should be awarded.

The Chief Special Master found the stipulation reasonable and adopted it as the Court's decision. Pursuant to the stipulation, Nooshin Gastineau was awarded a lump sum of $90,000.00, representing compensation for all items of damages available under the Vaccine Act.

The clerk of the court was directed to enter judgment in accordance with this decision.