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

Patricia Hupp filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccine on October 9, 2020. She claimed the injury was a defined Table injury or, in the alternative, was caused-in-fact by the vaccine, and that she suffered residual effects for more than six months.

Respondent denied that Ms. Hupp sustained a SIRVA Table injury or that the vaccine caused her alleged injury or current condition.

Despite these denials, the parties filed a joint stipulation agreeing that the case should be settled and compensation awarded. The court adopted the stipulation as its decision, awarding Ms.

Hupp a lump sum of $95,000.00. This amount represents compensation for all items of damages available under the Vaccine Act.

The parties also agreed to further proceedings to award reasonable attorneys' fees and costs. The stipulation included a release of all claims against the United States and the Secretary of Health and Human Services related to the alleged injury from the flu vaccination.