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

Linda Gardner filed a petition for compensation under the National Vaccine Injury Compensation Program on September 11, 2018. She alleged that she received an influenza vaccine on November 9, 2016, and subsequently suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) with residual effects lasting more than six months.

The respondent, the Secretary of Health and Human Services, denied that the onset of Ms. Gardner's alleged SIRVA occurred within the timeframe specified by the Vaccine Injury Table, denied that the flu vaccine caused her alleged SIRVA or any other injury, and denied that her current disabilities were a sequela of a vaccine-related injury.

Despite these denials, the parties reached a joint stipulation to settle the case. Chief Special Master Brian H.

Corcoran adopted the stipulation as the court's decision. Under the terms of the stipulation, Linda Gardner was awarded a lump sum of $45,000.00 as compensation for all items of damages available under the Vaccine Act.

The case was settled as a Table claim for SIRVA. Bruce William Slane represented the petitioner, and Heather Lynn Pearlman represented the respondent.

The decision was issued on March 3, 2020, based on a stipulation filed on January 24, 2020.