Julie Schwindt v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2020)

Julie Schwindt filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she received an influenza vaccine on September 27, 2017, and subsequently suffered a shoulder injury related to vaccine administration (SIRVA). The respondent conceded that Ms.

Schwindt is entitled to compensation, agreeing that her condition satisfied the criteria set forth in the Vaccine Injury Table for SIRVA. Following the ruling on entitlement, the parties submitted a proffer on the award of damages.

The respondent proposed an award of $121,319.15, comprising $120,000.00 for pain and suffering and $1,319.15 for past unreimbursable expenses. Ms.

Schwindt agreed with this proposed award. The court accepted the proffer and awarded Ms.

Schwindt the lump sum of $121,319.15, representing compensation for all damages available under the Vaccine Act. The case was resolved through a stipulated award.