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

Emily Scott filed a petition for vaccine compensation alleging she suffered a shoulder injury related to vaccine administration (SIRVA) from an influenza vaccine she received on November 14, 2019. She stated the vaccine was administered in the United States, that her injury had residual effects for more than six months, and that she had not previously settled a civil action for this injury.

Respondent denied that Ms. Scott sustained a SIRVA Table injury, denied that the vaccine caused her alleged shoulder injury or any other injury, and denied that her current condition was a sequela 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.

Scott a lump sum of $39,300.00. This amount represents compensation for all items of damages available under Section 15(a) of the Vaccine Act.

The case proceeded as a Table claim, and the parties stipulated to damages.