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

Naomi Mimnaugh filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine received on October 26, 2018. She stated the vaccine was administered in the United States, her condition had residual effects for more than six months, and she had no prior award or settlement for this condition.

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

Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation. The court adopted the stipulation as its decision, awarding Ms.

Mimnaugh a lump sum of $30,000.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The case was settled as a Table claim for SIRVA, with the award covering all damages.