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

Jan Montesano filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as listed on the Vaccine Injury Table. The injury was allegedly caused by an influenza vaccination she received on October 12, 2016.

Montesano claimed the flu vaccine caused her shoulder injury and that she suffered residual effects for more than six months. Respondent denied that the flu vaccine caused her left shoulder injury or any other injury.

Despite the denial, the parties filed a joint stipulation on June 1, 2021, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision.

Montesano was awarded a lump sum of $80,000.00, which represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision directs the clerk of the court to enter judgment in accordance with this decision, unless a motion for review is filed.