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

Rhonda Hernandez 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 17, 2019. She stated the vaccine was administered in the United States and that she experienced residual effects for more than six months.

Respondent denied that Ms. Hernandez sustained a SIRVA Table injury or that the vaccine caused her alleged injury.

Despite these positions, the parties filed a joint stipulation agreeing that the case should be settled with an award of compensation. The court adopted the stipulation as its decision, awarding Ms.

Hernandez a lump sum of $20,000.00 for all items of damages available under the Vaccine Act. This amount represents compensation for her SIRVA injury, which is a condition listed on the Vaccine Injury Table.

The parties agreed to this settlement while maintaining their respective legal positions on causation and entitlement.