Marie Stark v. HHS - Influenza, left shoulder injuries related to vaccine administration (SIRVA) (2022)

Marie Stark filed a petition for compensation under the National Vaccine Injury Compensation Program alleging that she suffered left shoulder injuries related to vaccine administration (SIRVA) resulting from an influenza vaccine she received on November 6, 2019. She stated that the vaccine was administered in the United States, that her condition lasted for more than six months, and that she had not received any other compensation for her injury.

The respondent, the Secretary of Health and Human Services, conceded that Ms. Stark was entitled to compensation.

The respondent agreed that she had no prior history of shoulder issues, her pain and reduced range of motion occurred within 48 hours of the vaccination, her symptoms were limited to the affected shoulder, and no other condition explained her symptoms. The respondent also agreed that her injury lasted at least six months and that she met all legal prerequisites for compensation.

Based on the respondent's concession and the evidence, the court found Ms. Stark entitled to compensation.

Subsequently, a damages decision was issued. The respondent proffered an award of $90,000.00, which Ms.

Stark accepted. The court awarded Ms.

Stark a lump sum of $90,000.00 for pain and suffering.