Misty Hernandez v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Misty Hernandez filed a petition on January 31, 2019, seeking 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 vaccination received on September 15, 2016.

The respondent denied that Ms. Hernandez sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged SIRVA or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.

Despite these denials, both parties agreed to settle the case. Special Master Katherine E.

Oler reviewed the file and adopted the parties' stipulation as the court's decision. The stipulation awarded Misty Hernandez a lump sum of $42,500.00, payable to her, and a lump sum of $948.07 to reimburse a Medicaid lien for services rendered by the State of Texas, Cigna Medicare STAR+PLUS.

This latter amount was to be paid jointly to Ms. Hernandez and The Rawlings Company, with Ms.

Hernandez agreeing to endorse the check. The total award represents compensation for all damages available under the Act.

The decision was entered on September 27, 2022. Petitioner was represented by Jeffrey Pop of Jeffrey S.

Pop & Associates, and Respondent was represented by Nancy Tinch of the U.S. Department of Justice.