Charisse Guasto v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2021)

Charisse Guasto filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) causally related to her receipt of the influenza vaccine on November 23, 2016. The flu vaccine is listed on the Vaccine Injury Table.

The parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The stipulation stated that petitioner received the vaccine on November 23, 2016, within the United States, and alleged she sustained a left shoulder injury related to vaccine administration (SIRVA) within the Table time period, experiencing residual effects for more than six months.

Respondent denied that petitioner sustained a Table injury or that the flu vaccine caused her condition. Despite these positions, the parties agreed to settle the issues.

The court adopted the stipulation as its decision, awarding Charisse Guasto a lump sum of $95,000.00 as compensation for all items of damages available under Section 15(a). The award represents a compromise of the parties' respective positions on liability and damages.