September Creager v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

September Creager filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 19, 2017. She claimed her injuries lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that petitioner 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 that the case should be settled and that compensation should be awarded.

The court adopted the stipulation as its decision. The stipulation stated that the influenza vaccine is contained in the Vaccine Injury Table and that petitioner alleged she sustained a SIRVA as set forth in the Table, or in the alternative, that her injury was caused in fact by the vaccine.

The parties agreed to settle the case, and the court awarded September Creager a lump sum of $50,000.00 as compensation for all items of damages available under the Vaccine Act. This award represents a negotiated settlement of liability and damages.