Sharon Rogalewski v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2021)

Sharon Rogalewski filed a petition for compensation under the National Vaccine Injury Compensation Program on October 11, 2019. She alleged that she received an influenza (flu) vaccine on September 25, 2018, and subsequently suffered a right shoulder injury related to vaccine administration (SIRVA).

Rogalewski further alleged that the residual effects of this injury lasted for more than six months. The respondent, the Secretary of Health and Human Services, denied that the flu vaccine caused her alleged injury or that she sustained a SIRVA Table Injury.

Despite these denials, the parties filed a joint stipulation on July 13, 2021, agreeing to settle the case and award compensation. Chief Special Master Brian H.

Corcoran adopted the stipulation as the court's decision. Rogalewski was awarded a lump sum of $35,120.00, payable by check to Petitioner.

This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was based on the joint stipulation, and the clerk of the court was directed to enter judgment in accordance with this decision, unless a motion for review was filed.

Petitioner was represented by Paul R. Brazil of Muller Brazil, LLP, and Respondent was represented by Terrence Kevin Mangan, Jr. of the U.S.

Department of Justice. The stipulation noted that Rogalewski also received a polysaccharide pneumococcal vaccine in her right arm on the same date, but this vaccine was not covered under the Program.

The stipulation also stated that it was a full and complete negotiated settlement of liability and damages, and not an admission by the United States or the Secretary that the flu vaccine caused the alleged injury.