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

On October 9, 2018, Jennifer Schlata filed a petition for compensation under the National Vaccine Injury Compensation Program. She alleged that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine administered on October 16, 2015.

Petitioner stated that the vaccine was administered within the United States, that she experienced residual effects of her alleged injury for more than six months, and that there had been no prior award or settlement of a civil action for damages on her behalf. Respondent denied that petitioner sustained a SIRVA Table injury and denied that the alleged shoulder injury or any other injury was caused by the flu vaccine.

Despite the respondent's denial, on August 27, 2020, the parties filed a joint stipulation agreeing that compensation should be awarded. Chief Special Master Brian H.

Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages. Pursuant to the stipulation, Jennifer Schlata was awarded a lump sum of $17,500.00, payable by check to Petitioner, as compensation for all items of damages.

The decision was issued on September 30, 2020. Petitioner was represented by Jeffrey A.

Golvash of Golvash & Epstein, LLC, and respondent was represented by Althea Walker Davis of the U.S. Department of Justice.

The public decision does not describe the specific onset of symptoms, medical examinations, diagnostic tests, or treatments. The specific mechanism of injury or expert testimony regarding causation is not detailed in the public decision.