Gina Burgese v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Gina Burgese filed a petition for vaccine compensation on January 4, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 2, 2020. She claimed the residual effects of this injury lasted for more than six months.

The respondent denied that the flu vaccine caused her injury. Despite this denial, the parties filed a joint stipulation on July 23, 2024, agreeing to a settlement.

The court adopted the stipulation as its decision, awarding Gina Burgese $17,500.00 as a lump sum. This amount is intended to compensate for all damages available under the Vaccine Act.

The case proceeded as a Table claim, as SIRVA is listed on the Vaccine Injury Table. The stipulation also addressed future proceedings for attorneys' fees and costs.

Gina Burgese, an adult, released the United States and the Secretary of Health and Human Services from further claims related to this vaccination in exchange for the compensation.