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

Judith Day filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on October 29, 2016. She stated the vaccine was administered in the United States, her condition had residual effects for more than six months, and she had not received a prior award or settlement for this injury.

Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the vaccine caused her shoulder injuries or any other injury, and denied that her current condition was a sequelae of a vaccine-related injury. Despite the denials, the parties filed a joint stipulation on August 12, 2020, agreeing that compensation should be awarded.

The court found the stipulation reasonable and adopted it as its decision. Judith Day was awarded a lump sum of $50,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.