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

Rosemary Chaves filed a petition for compensation under the National Vaccine Injury Compensation Program on December 4, 2020. She alleged that she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on September 14, 2019, and that she experienced residual effects of this condition for more than six months.

The respondent, the Secretary of Health and Human Services, denied that the petitioner sustained a Table injury for SIRVA, 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 denials, the parties filed a joint stipulation for damages on November 30, 2022.

Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as the decision awarding damages.

Pursuant to the stipulation, Rosemary Chaves was awarded a lump sum of $22,500.00, payable by check to the petitioner, as compensation for all items of damages available under Section 15(a) of the Vaccine Act. The decision was filed on November 30, 2022.

Petitioner was represented by Alison H. Haskins of Maglio Christopher & Toale, PA, and respondent was represented by Meghan Murphy of the U.S.

Department of Justice.