Palestine McGowen v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2020)

Palestine McGowen 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 October 18, 2016. She represented that the vaccine was administered in the United States, that her injury had residual effects for more than six months, and that she had not received a prior award or settlement for this injury.

Respondent denied that McGowen sustained a SIRVA Table injury or that the flu vaccine caused her alleged SIRVA and its residual effects. Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court adopted the stipulation, awarding McGowen a lump sum of $30,820.82, which included $30,000.00 for pain and suffering and $820.82 for out-of-pocket medical expenses. The case proceeded as a Table claim, and the parties stipulated to damages, resolving the matter through settlement.