Sarah Tamayo v. HHS - Influenza, shoulder injury related to vaccine administration (2023)

Sarah Tamayo filed a petition for vaccine compensation on January 7, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) as a result of an influenza vaccine she received on January 22, 2020. She claimed the vaccine was administered in the United States, that her injury was either a Table injury or caused in fact by the vaccine, that she experienced residual effects for more than six months, and that she had no prior award or settlement for this injury.

Respondent denied that Ms. Tamayo sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela of a vaccine-related injury.

Despite these contested positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The court adopted the stipulation, awarding Ms.

Tamayo a lump sum of $698.75 to reimburse a Medicaid lien for services rendered by The Rawlings Company LLC, and an additional lump sum of $65,000.00 for all remaining damages. This award represents a compromise of the parties' respective positions on liability and damages.