Joy M. Freiberg v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Joy M. Freiberg filed a petition for compensation on August 14, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 3, 2018.

Ms. Freiberg stated the vaccine was administered in the United States, that the injury caused residual effects for more than six months, and that she had no prior award or settlement for this condition.

The respondent, the Secretary of Health and Human Services, denied that Ms. Freiberg sustained a SIRVA Table injury, denied that the vaccine caused her alleged 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 on November 3, 2021, agreeing to settle the case. Chief Special Master Brian H.

Corcoran reviewed the stipulation and found it reasonable, adopting it as his decision. Pursuant to the stipulation, Ms.

Freiberg was awarded $30,182.00 as compensation for all damages, to be paid as a lump sum in the form of a check. This amount represents a compromise of the parties' respective positions on liability and damages.

The decision was issued on December 3, 2021. Petitioner was represented by Richard H.

Moeller of Moore, Heffernan, et al., and respondent was represented by Jennifer A. Shah of the U.S.

Department of Justice.