Robin O'Brien v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2021)

Robin O'Brien filed a petition for compensation under the National Vaccine Injury Compensation Program on December 30, 2019, alleging she suffered Shoulder Injury Related to Vaccine Administration (SIRVA) as a result of her October 1, 2018 influenza vaccination. She stated the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that there had been no prior award or settlement for her injury.

Respondent denied that Petitioner sustained a Table SIRVA within the timeframe set forth in the Table and denied that the flu immunization caused her alleged shoulder injury. Despite these denials, the parties filed a joint stipulation on September 14, 2021, agreeing that a decision should be entered awarding compensation.

The Chief Special Master adopted the stipulation as the decision, awarding Robin O'Brien a lump sum of $80,810.10. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The case was settled via stipulation, with the parties maintaining their respective positions on causation but agreeing to the compensation amount.