Margaret Hill v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Margaret Hill filed a petition for compensation under the National Vaccine Injury Compensation Program on December 5, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on November 2, 2018. She stated the vaccine was administered in the United States, the injury's effects lasted more than six months, and there had been no prior award or settlement for this condition.

Respondent denied that Ms. Hill 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 positions, the parties filed a joint stipulation on January 13, 2022, agreeing to settle the case and award compensation. The court adopted the stipulation as its decision.

Ms. Hill was awarded a lump sum of $50,000.00 for pain and suffering and $320.84 to reimburse a Medicaid lien for services rendered by the State of South Carolina.

These amounts represent compensation for all damages available under the Vaccine Act. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.

The stipulation was construed as a full and complete negotiated settlement of liability and damages, releasing the United States and the Secretary of Health and Human Services from further claims related to the November 2, 2018 flu vaccination.