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

Gina Driscoll filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 11, 2018. She further claimed the residual effects of this condition lasted for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Ms. Driscoll sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other injury, and denied that her current 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, awarding Ms.

Driscoll a lump sum of $25,000.00 as compensation for all items of damages available under the Vaccine Act. This amount represents a settlement of liability and damages, and Ms.

Driscoll released the United States and the Secretary from further claims related to the vaccination. The case proceeded as a Table claim, and the parties stipulated to the award amount.