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

Ellen Driesel filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of an influenza vaccine she received on October 31, 2016. She stated the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that she had not received any prior award or settlement for this condition.

Respondent denied that petitioner sustained a SIRVA Table injury or that the vaccine caused her injury. Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court adopted the stipulation as its decision, awarding Ellen Driesel a lump sum of $60,000.00 for all items of damages. This award represents a settlement of liability and damages, with the petitioner releasing the United States from further claims related to the flu vaccination.