Robin Bernales v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Robin Bernales filed a petition for compensation under the National Vaccine Injury Compensation Program on January 7, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on October 29, 2020. She claimed the injury caused residual effects for more than six months.

Respondent denied that petitioner sustained a SIRVA Table Injury, denied that the injury was caused-in-fact by the flu vaccine, and denied that the flu vaccine caused any other injury. Despite these denials, the parties filed a joint stipulation on September 9, 2024, agreeing to settle the case.

The court adopted the stipulation as its decision, awarding Robin Bernales a lump sum of $42,500.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The stipulation also noted that the parties would submit to further proceedings to award reasonable attorney fees and costs. The case was resolved via stipulation, with the award intended to compensate for all damages, and petitioner released the United States and the Secretary of Health and Human Services from further claims related to this injury.