Katie M. Gesch v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Katie M. Gesch filed a petition for vaccine compensation on June 3, 2021, alleging that she suffered a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on October 15, 2018.

She further alleged that she has suffered the residual effects of this injury for more than six months. Respondent denied that Petitioner sustained a SIRVA Table injury, denied that the flu vaccine caused her alleged SIRVA or any other injury, and denied that her current condition is a sequela of a vaccine-related injury.

Despite these denials, the parties filed a joint stipulation on April 18, 2024, agreeing to settle the case and award compensation. The stipulation states that the influenza vaccine is contained in the Vaccine Injury Table and that Petitioner alleges she sustained a Table SIRVA within the time period set forth in the Table.

The Chief Special Master adopted the stipulation as the decision awarding damages. Katie M.

Gesch was awarded a lump sum of $100,000.00, representing compensation for all items of damages available under Section 15(a) of the Vaccine Act. The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.