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

Nancy Clark filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) resulting from an influenza vaccination she received on November 21, 2017. She stated that the vaccine was administered in the United States, her pain lasted longer than six months, and she had not received prior compensation for this injury.

Respondent denied that Ms. Clark sustained a Table SIRVA within the Table's timeframe and denied that the flu immunization caused or aggravated her alleged shoulder injury.

Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding a lump sum payment of $8,808.04 to satisfy a State of Oklahoma Medicaid lien and a lump sum of $100,000.00 payable to Ms.

Clark. This total award of $108,808.00 represents compensation for all damages available under the Vaccine Act.

The case was settled based on a joint stipulation, and the court directed entry of judgment in accordance with the decision.