Kathy Foulker v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)

Kathy Foulker 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 she received on or about September 9, 2019. She stated the vaccine was administered in the United States, she experienced residual effects for more than six months, and had no prior award or settlement for this condition.

Respondent denied that Ms. Foulker sustained a shoulder injury as defined in the Vaccine Injury Table, denied that the vaccine caused her injury, and denied that her condition was a sequelae of a vaccine-related injury.

Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court found the stipulation reasonable and adopted it as its decision.

Ms. Foulker was awarded a lump sum of $75,000.00, representing compensation for all items of damages available under the Vaccine Act.

The case proceeded as a Table claim, and the award was based on a joint stipulation for damages.