Flordelisa Pascual v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2019)

Flordelisa Pascual filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) from her influenza vaccine received on September 20, 2017. She stated the vaccine was administered in the United States, she experienced residual effects for over six months, and had no prior award or settlement for this injury.

Respondent denied that Ms. Pascual sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Ms.

Pascual a lump sum of $55,000.00 for all items of damages available under the Vaccine Act. This award represents a negotiated settlement of liability and damages.