Diana Bunten v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2022)

Diana Bunten filed a petition for compensation under the National Vaccine Injury Compensation Program on October 9, 2020, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine administered on December 10, 2018. She stated the vaccine was given in the United States, she experienced residual effects for more than six months, and had no prior award or settlement for this injury.

Respondent denied that Ms. Bunten sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.

Despite these positions, the parties filed a joint stipulation on May 11, 2022, agreeing that a decision should be entered awarding compensation. The Chief Special Master adopted the stipulation as the decision, awarding Ms.

Bunten a lump sum of $37,500.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The parties also agreed to further proceedings for reasonable attorneys' fees and costs. The stipulation was not an admission by the United States or the Secretary of Health and Human Services that the flu vaccine caused Ms.

Bunten's alleged SIRVA or any other injury.