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

Janet Muscari filed a petition for vaccine compensation alleging she suffered a left Shoulder Injury Related to Vaccine Administration (SIRVA) after receiving an influenza vaccine on September 30, 2017. She stated the vaccine was administered in the United States and that she suffered residual effects for more than six months, with no prior award or settlement for her condition.

Respondent denied that the flu vaccine caused her alleged SIRVA or any other injury. Despite this denial, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court adopted the stipulation as its decision, awarding Janet Muscari a lump sum of $35,000.00. This amount represents compensation for all items of damages available under the Vaccine Act.

The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The decision was issued on April 29, 2020, following the stipulation filed on March 24, 2020.