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

Diane Desisto filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on October 4, 2018. The respondent conceded that her claim met the Vaccine Injury Table requirements for SIRVA, finding that she had no prior history of shoulder issues, experienced pain within 48 hours of vaccination, and that her symptoms were limited to the affected shoulder.

Based on the respondent's concession and the evidence, the court found Ms. Desisto entitled to compensation.

Subsequently, the parties reached a stipulation for damages. The court awarded Ms.

Desisto a total of $108,526.96, which included $102,500.00 for past pain and suffering and $6,026.96 for past unreimbursable expenses. This award was paid as a lump sum to Ms.

Desisto, who is a competent adult.