MaryGrace Fagen v. HHS - Influenza, right shoulder injury related to vaccine administration (SIRVA) (2022)

MaryGrace Fagen filed a petition for compensation under the National Vaccine Injury Compensation Program alleging a right shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on October 2, 2018. She stated that the vaccine was administered in the United States, her injury caused residual effects for more than six months, and she had not received any prior award or settlement for this condition.

Respondent denied that Ms. Fagen sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other condition, and denied that her current condition was a sequelae of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on March 1, 2022, agreeing that compensation should be awarded. The court found the stipulation reasonable and adopted it as its decision.

Ms. Fagen was awarded a lump sum of $20,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.