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

Dianah Hernandez filed a petition for compensation under the National Vaccine Injury Compensation Program on August 23, 2018, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 6, 2017 influenza vaccination. The respondent denied that the vaccine caused her injury.

Nevertheless, the parties filed a joint stipulation agreeing to a settlement. Chief Special Master Brian H.

Corcoran adopted the stipulation as the court's decision. The award included a lump sum of $117,613.29 payable to petitioner and a lump sum of $3,680.01 to reimburse a New York Medicaid lien.

The total award was $121,293.30. The stipulation also addressed future proceedings for attorneys' fees and costs.

Petitioner was represented by Jimmy A. Zgheib of Zgheib Sayad, P.C., and respondent was represented by Christine Mary Becer of the U.S.

Department of Justice. The public decision does not describe the specific onset of symptoms, medical tests, or treatments.

The stipulation states that the parties agreed to settle the issues between them, with the respondent denying that petitioner suffered a SIRVA Table injury or that the flu vaccine caused her injury. The award represents compensation for all damages available under the Vaccine Act.