Paula Shirk v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)
Case summary [AI summaries can sometimes make mistakes]
Paula Shirk 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 3, 2020. The petition stated that the vaccine was administered in the United States and that her SIRVA symptoms persisted for more than six months.
Respondent denied that Ms. Shirk sustained a SIRVA Table Injury or that the flu vaccine caused her 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.
Shirk a lump sum of $18,000.00 for pain and suffering and $89.27 to reimburse a Medicaid lien for services rendered by the State of New York. These amounts represent compensation for all items of damages available under the Vaccine Act.
The case was resolved via stipulation, with the court directing entry of judgment in accordance with the decision.