Armandina Guerra v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2022)

Armandina Guerra filed a petition for vaccine compensation on January 11, 2021, alleging injury from an influenza vaccine received on January 6, 2020. Petitioner alleged she sustained a shoulder injury related to vaccine administration (SIRVA) within the time period set forth in the Vaccine Injury Table, or alternatively, that the vaccine caused her shoulder injury, and that she experienced residual effects for more than six months.

The respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused Petitioner's alleged shoulder injury or any other 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 September 10, 2022, agreeing to settle the issues.

Chief Special Master Brian H. Corcoran reviewed the stipulation, found it reasonable, and adopted it as his decision.

Pursuant to the stipulation, Chief Special Master Corcoran awarded Ms. Guerra $37,500.00 in a lump sum, payable by check to Petitioner, as compensation for all items of damages.

This award represents a settlement for her alleged SIRVA injury. Petitioner was represented by Paul R.

Brazil of Muller Brazil, LLP, and Respondent was represented by Rachelle Bishop of the U.S. Department of Justice.