Linda Stuker v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2021)

Linda Stuker filed a petition for compensation under the National Vaccine Injury Compensation Program on March 16, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on January 16, 2018. She claimed the injury met the Table definition for SIRVA and that she experienced residual effects for more than six months.

Respondent denied that Ms. Stuker sustained a SIRVA Table injury or that the vaccine caused her alleged shoulder injury.

Despite these differing positions, the parties filed a joint stipulation on September 21, 2021, agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision.

Ms. Stuker was awarded a lump sum of $10,000.00 for pain and suffering and $2,393.69 to reimburse a Medicaid lien for services rendered by the State of Montana.

This award represents compensation for all items of damages available under Section 15(a) of the Vaccine Act. The parties agreed that this stipulation expressed a full and complete negotiated settlement of liability and damages, and it was not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused the alleged injury.