Elizabeth Marie Mertens v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Elizabeth Marie Mertens 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 October 24, 2017. Although Respondent denied that the flu vaccine caused her alleged shoulder injury, the parties filed a joint stipulation to settle the case.

The stipulation stated that Petitioner received the flu vaccine in the United States and experienced residual effects of her SIRVA for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury and denied that the flu vaccine caused her injury.

Nevertheless, the parties agreed to a settlement. Chief Special Master Corcoran adopted the stipulation as the decision awarding damages.

Petitioner was awarded a lump sum of $60,000.00 as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The case proceeded as a Table claim, and the award was made pursuant to the joint stipulation.