Jana Hesker v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2023)
Case summary [AI summaries can sometimes make mistakes]
Jana Hesker filed a petition for compensation under the National Vaccine Injury Compensation Program on January 8, 2021, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 17, 2019. She claimed the injury was a Table injury or, alternatively, a caused-in-fact injury.
Ms. Hesker stated she received the vaccine in the United States and continued to suffer residual effects for more than six months post-vaccination.
Respondent denied that Ms. Hesker sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged shoulder injury or any other condition, and denied that her current condition was a sequela of a vaccine-related injury.
Despite the denials, the parties filed a joint stipulation on June 26, 2023, agreeing that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages.
Ms. Hesker 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.
Source PDFs
USCOURTS-cofc-1_21-vv-00331