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

Theresa Banks filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine. She stated that the vaccine was administered in the United States, that her injury had residual effects for more than six months, and that she had not received any prior award or settlement for this injury.

Respondent, the Secretary of Health and Human Services, denied that Ms. Banks sustained a SIRVA Table injury, denied that the vaccine caused her 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 on August 17, 2023, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages.

Ms. Banks was awarded a lump sum of $45,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The decision directed the Clerk of Court to enter judgment in accordance with this decision, absent a motion for review.