Nydia Ellentuch v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2022)

Nydia Ellentuch filed a petition for compensation under the National Vaccine Injury Compensation Program after receiving an influenza vaccine on September 12, 2018. She alleged that this vaccine caused a Shoulder Injury Related to Vaccine Administration (SIRVA), which resulted in residual effects lasting more than six months.

The flu vaccine is listed on the Vaccine Injury Table, and she also received a pneumococcal polysaccharide vaccine on the same day, which is not on the Table. Respondent denied that the SIRVA onset occurred within the Table timeframe and contested that the flu vaccine caused her injury.

Despite these disagreements, the parties reached a joint stipulation for settlement. The court adopted this stipulation, awarding Nydia Ellentuch a lump sum of $50,000.00 as compensation for all damages.

This decision resolves the liability and damages claims for the alleged SIRVA resulting from the September 12, 2018 vaccination.