Melanie Cliver v. HHS - Influenza, shoulder injury related to vaccine administration (SIRVA) (2024)

Melanie Cliver filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging that she suffered a Table injury, specifically shoulder injury related to vaccine administration (SIRVA), as a result of her October 23, 2019 influenza vaccination. She stated that the vaccine was administered in the United States, that she suffered residual effects for more than six months, and that she had no prior award or settlement for this injury.

Respondent, the Secretary of Health and Human Services, denied that Ms. Cliver sustained a SIRVA Table injury, denied that the injury was caused by the vaccine, and denied that the vaccine caused any other injury.

Despite these differing positions, the parties filed a joint stipulation agreeing to settle the case and award compensation. The Chief Special Master adopted the stipulation, awarding Ms.

Cliver a lump sum of $110,000.00 for all items of damages. This amount represents compensation for her SIRVA injury, which is a condition listed on the Vaccine Injury Table.

The case was resolved through this stipulation, avoiding further litigation on the merits of causation.