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

Joan Benz filed a petition for vaccine compensation on October 4, 2018, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine received on October 13, 2015. She claimed the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her condition.

Respondent denied that Ms. Benz sustained a SIRVA Table injury or that her condition was caused by the vaccine.

Despite these denials, the parties filed a joint stipulation on August 19, 2020, agreeing to settle the case. Chief Special Master Corcoran adopted the stipulation as her decision, awarding Ms.

Benz a lump sum of $117,500.00. This amount was intended to compensate for all damages available under the Vaccine Act, including pain and suffering, lost wages, and out-of-pocket medical expenses.

The case proceeded as a Table claim, and the stipulation represented a negotiated settlement of liability and damages.