Mary Conklin v. HHS - Influenza, Shoulder Injury Related to Vaccine Administration (SIRVA) (2024)

Mary Conklin filed a petition for compensation under the National Vaccine Injury Compensation Program, alleging she suffered a Shoulder Injury Related to Vaccine Administration (SIRVA) following an influenza vaccination on September 23, 2021. She further alleged that she experienced residual effects of this injury for more than six months.

Respondent denied that Petitioner sustained injuries resulting from adverse effects of a vaccination, including SIRVA, and denied that the flu vaccine caused her alleged SIRVA or any other injury. Despite these positions, the parties filed a joint stipulation agreeing that a decision should be entered awarding compensation.

The court found the stipulation reasonable and adopted it as its decision. Mary Conklin was awarded a lump sum of $65,000.00 as compensation for all items of damages available under Section 15(a).

The flu vaccine is listed on the Vaccine Injury Table, and the parties agreed to settle the case, with the award reflecting a compromise of their respective positions on liability and damages. The stipulation also addressed attorneys' fees and costs, and the release of claims by the petitioner.