Virginia Waszak v. HHS - Influenza, left shoulder injury related to vaccine administration (SIRVA) (2024)

Virginia Waszak filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a left shoulder injury related to vaccine administration (SIRVA) caused by an influenza vaccine she received on December 19, 2019. She stated that the vaccine was administered in the United States, that she experienced residual effects for more than six months, and that no civil action or prior compensation had been sought for her injury.

Respondent denied that Ms. Waszak 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 denials, the parties filed a joint stipulation agreeing that the issues should be settled and that compensation should be awarded. Chief Special Master Corcoran found the stipulation reasonable and adopted it as the decision awarding damages.

Ms. Waszak was awarded a lump sum of $45,000.00, representing compensation for all items of damages available under Section 15(a).

The parties also agreed to submit to further proceedings for reasonable attorneys' fees and costs.