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

Nancy Otero filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 19, 2018. She stated the vaccination occurred in the United States and that she suffered residual effects for more than six months, with no prior award or civil action filed.

Respondent denied that Ms. Otero sustained a SIRVA, that the vaccine caused her injury, or that her condition was a sequelae of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Ms.

Otero a lump sum of $40,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The case proceeded as a Table claim, as SIRVA is a defined Table Injury. The petition was filed on February 16, 2022, and the decision on the stipulation was issued on March 21, 2022.