Nancy Bernhardt v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2023)

Nancy Bernhardt filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Table Injury – Shoulder Injury Related to Vaccine Administration (SIRVA) – as a result of her October 5, 2019 influenza vaccination. She stated the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had no prior award or settlement for her injury.

Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused or aggravated her alleged SIRVA 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 on December 9, 2022, agreeing that compensation should be awarded.

The court found the stipulation reasonable and adopted it as its decision. Pursuant to the stipulation, Nancy Bernhardt was awarded a lump sum of $25,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.