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

Donna Fagan filed a petition for compensation on January 8, 2021, alleging she sustained a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on November 11, 2019. The influenza vaccine is listed on the Vaccine Injury Table, and Fagan alleged her injury occurred within the Table's specified timeframe and resulted in residual effects for more than six months.

The respondent, the Secretary of Health and Human Services, denied that Fagan sustained a Table-defined shoulder injury, denied that the vaccine caused her alleged 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 June 6, 2023, agreeing to settle the case and award compensation.

The court adopted the stipulation as its decision. Fagan was awarded a lump sum of $45,000.00 for pain and suffering and $476.96 to reimburse a Medicaid lien, totaling $45,477.00.

This award represents compensation for all damages available under the Vaccine Act. The decision was issued on July 10, 2023.